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NAVY | BCNR | CY2006 | 02665-06
Original file (02665-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                             2 NAVY ANNEX
WASHINGTON DC 20370-5100


                                                      TJR
Docket No: 2665-06
13 October 2006







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 3 October 2006. 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 19 October 1982 at age 19, You served without disciplinary incident until 16 May 1983 when you received nonjudicial punishment (NJP) for two specifications of making false official statements and were awarded a $200 forfeiture of pay, correctional custody for 30 days, and a reduction in rate.
During the period from 21 March to 19 July 1984 you received three more NJPs for disrespect, absence from your appointed place of duty, and three periods of failure to go to your appointed place of duty.
On 5 February and again on 10 April 1985 you received NJP for failure to obey a lawful order, discreditable performance, and assault. On 23 May 1985 you were convicted by civil authorities of driving on a suspended license and sentenced to work release for 10 days.

Subsequently, you were notified of pending administrative separation action by reason of misconduct due to a pattern of misconduct and commission of a serious offense. After consulting with legal counsel, you waived your right to present your case to an administrative discharge board. Your commanding officer recommended an other than honorable discharge reason of misconduct due to a pattern of misconduct and commission of a serious offense. On 27 October 1985 the discharge authority approved this recommendation, and on 4 November 1985 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 assertion that you deserve an honorable discharge based on your pride and convictions for the Navy and your three years of faithful service. It also considered your assertion that you received an other than honorable discharge because you were misled by your commanding officer. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of the seriousness of your repetitive misconduct in both the military and civilian communities that resulted in six NJPs and conviction by civil authorities. Finally, there is no evidence in the record, and you submitted none, to support your assertions. 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 PFEI FER
Executive Di rector

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