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NAVY | BCNR | CY2006 | 06412-06
Original file (06412-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 SMW
 Docket No: 6412-06
9 November 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 8 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.
On 13 September 1988 you enlisted in the Navy at age 20 and served without incident until 28 November 1989, when you received nonjudicial punishment (NJP) for a brief period of unauthorized absence (UA). You then served without incident until 2 February 1990, when you were counseled regarding deficiencies in your performance and conduct, and warned that further infractions could result in disciplinary action or an other than honorable discharge. However, on 3 December 1990, you received NJP for an unspecified period of UA, attempted larceny, and forgery.
On 7 December 1990 your commanding officer initiated administrative separation action by reason of misconduct due to commission of a serious offense. 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 14 December 1990 your commanding officer recommended an other than honorable discharge. On 24 December 1990 the separation authority approved the recommendation and directed an other than honorable discharge by reason of misconduct due to commission of a serious offense. On 3 March 1991 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 the contention that your discharge was too harsh. Nevertheless, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge due to the seriousness of your misconduct that continued even after you were warned that further infractions could result in an other than honorable discharge. The Board also noted that you waived the right to an ADB, your best opportunity for retention or a more favorable characterization of service. Finally, regarding your contention, the other than honorable discharge by reason of misconduct due to commission of a serious offense met all requirements established by regulations. 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 PFIEFFER
 Executive Director















2

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