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NAVY | BCNR | CY2006 | 03568-06
Original file (03568-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
         WASHINGTON DC 20370-5100        
                  TJR
 Docket No: 3568-06
7 November 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 7 November 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 4 January 1982 at age 21. On 27 May and again on 2 December 1982 you received nonjudicial punishment (NJP) for failure to obey a lawful order, disobedience, disrespect, and a three day period of unauthorized absence (UA).
On 27 September 1984 you received NJP for absence from your appointed place of duty and were awarded a $50 forfeiture of pay.
Your record reflects that during the period from 20 December 1984 to 8 January 1985 you were absent from your appointed place of duty on two occasions and UA for one day. The record does not reflect if disciplinary action was taken for this lost time.
Subsequently, you were processed for an administrative separation by reason of misconduct due to frequent involvement of a discreditable nature with military authorities. On 27 January 1985 the discharge authority a directed separation under other than honorable conditions by reason of misconduct. Two days later, on 29 January 1985, you were again UA for one day, for which the record does not reflect disciplinary action. On 1 February 1985 you were discharged under other than honorable conditions.
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth and request to upgrade your discharge. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of the seriousness of your repetitive misconduct, which resulted in three NJPs and included multiple periods of absence. 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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