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NAVY | BCNR | CY2004 | 09184-04
Original file (09184-04.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
                  TJR
                                                                                          Docket No: 9184-04
                                                                                          29 August 2005

This is in reference to your application for correction of your naval record pursuant to the provisions of Title 10, United States Code, Section 1552.
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 August 2005. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies.
After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the existence of probable material error or injustice.
You enlisted in the Navy on 3 October 1985 at age 18 and served without disciplinary incident until 11 February 1986, when you received nonjudicial punishment (NJP) for wrongful appropriation of an automobile. The punishment imposed was restriction and extra duty for 45 days and a $400 forfeiture of pay, all of which was suspended for six months. On 13 August 1986 you received NJP for theft of a $300 gold ring and possession of drug paraphernalia. The punishment imposed was restriction and extra duty for 15 days, which was suspended for six months, a $300 forfeiture of pay, and reduction to paygrade E-1.
On 29 May 1987 you received NJP for a three day period of unauthorized absence (UA), disorderly conduct, and drunkenness. The punishment imposed was restriction and extra duty for 45 days and reduction to paygrade E-1.
On 20 July 1987 you were notified of pending administrative separation action by reason of misconduct due to a pattern of misconduct and commission of a serious offense. At that time you waived your right to consult with legal counsel and to present
 your case to an administrative discharge board. On 23 July 1987 your commanding officer recommended an other than honorable discharge by reason of misconduct due to a pattern of misconduct. On 29 July 1987 the discharge authority approved this recommendation and directed discharge under other than honorable conditions, and on 19 August 1987 you were so discharged.
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth and assertions that your discharge was too harsh and you should not lose all of your benefits just because you were fighting. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of your serious and repetitive misconduct, which resulted in three NJPs. Accordingly, your application has been denied.
The names and votes of the members of the panel will be furnished upon request.
It is regretted that the circumstances of your case are such that favorable action cannot be taken. You are entitled to have the Board reconsider its decision upon submission of new and material evidence or other matter not previously considered by the Board. In this regard, it is important to keep in mind that a presumption of regularity attaches to all official records. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice.
Sincerely,



W. DEAN PFEIFFER
Executive Director


















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