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NAVY | BCNR | CY2005 | 01747-05
Original file (01747-05.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
                                                       BOARD FOR CORRECTION OF NAVAL RECORDS
                                                               2 NAVY ANNEX
 WASHINGTON DC 20370-5100
        


         TRG
 Docket No: 1747-05
25 August 2005








This is in reference to your application for correction of your naval record pursuant to the provisions of Title 10 of the 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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.
You enlisted in the Navy on 9 February 1999 at age 23. On 13 October 1999 you received nonjudicial punishment for making a false official statement, destruction of nonmilitary property and disorderly conduct. The punishment imposed included restriction, extra duty, forfeitures of pay and a reduction to pay grade E-2.
Based on the foregoing offenses, you were processed for an administrative discharge by reason of misconduct due to commission of a serious offense. In connection with this processing, you elected to waive the right to have your case heard by an administrative discharge board. After review, the discharge authority directed discharge under other than honorable conditions by reason of misconduct and you were so discharged on 27 October 1999.


In its review of your application the Board carefully weighed all potentially mitigating factors, such as your regret for the actions that led to discharge and your contention that you have made a good post service adjustment. However, the Board found that these factors and contentions were not sufficient to warrant
 recharacterization of your discharge given the apparently serious nature of your offenses. The Board was unaware of the details of your offenses since the evidence is not filed in your record. Nevertheless, it is clear that your command considered them to be very serious since the maximum punishment was imposed at the nonjudicial punishment and you were immediately processed for discharge. The Board noted that you have not provided any evidence of a good post service adjustment even after the Naval Discharge Review Board suggested that you do so. The Board concluded that your discharge was proper as issued and no change is warranted.
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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