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NAVY | BCNR | CY2006 | 05057-06
Original file (05057-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100




 S MW
 Docket No: 5057-06
28 September 2006







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 27 September 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 1 October 1981 at age 17 with parental consent and served without incident for about a year. However, during the period from 22 October 1982 to 12 September 1984 you received three nonjudicial punishments (NJP’s). Your offenses included sleeping on watch and two instances of unauthorized absence (UA) totaling about 54 days. On 27 September 1984 you were counseled regarding deficiencies in your performance and conduct, and warned that further infractions could result in disciplinary action or administrative separation. On 21 December 1984 you received NJP for four instances of UA totaling about two days.
         On 28 December 1984 your commanding officer initiated separation action by reason of misconduct due to commission of a serious offense or pattern of misconduct. In connection with this processing, you acknowledged that separation could result in an
other than honorable discharge and waived the right to have your case
heard by an administrative discharge board (ADB). On 4 January 1985 your
commanding officer recommended an other than honorable discharge. On 13 January 1985 the separation authority approved the recommendation and directed an other than honorable discharge by reason of misconduct due to a pattern of misconduct. On 15 January 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 periods of good service. Nevertheless, the Board found that these factors were not sufficient to warrant recharacterization of your discharge given the misconduct that continued even after you were warned that further infractions could result in disciplinary action or an administrative discharge. The Board also noted that you waived the right to have your case heard by an ADB, your best opportunity for retention or a more favorable characterization of service. Therefore, the Board concluded that the 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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