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NAVY | BCNR | CY2006 | 10494-06
Original file (10494-06.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVY
         BOARD FOR CORRECTION OF NAVAL RECORDS
                            2 NAVYANNEX
                                    WASHINGTON DC 20370-5100
          SJN
 Docket No: 10494-06
          12 June 2007


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 6 June 2007. 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 18 December 1985 at age 17. During the period from 9 October 1986 to 15 January 1987 you received three nonjudicial punishments (NJP) for absence from your appointed place of duty, two incidents of assault, failure to go to you appointed place of duty, insubordination, and disobedience. Additionally, you were counseled and warned after your second NJP that further misconduct could result in separation under other than honorable conditions.
On 20 January 1997 you were notified of pending administrative separation action by reason of misconduct due to a pattern of misconduct. After consulting with counsel, you waive your rights submit a statement or have your case heard by an administrative discharge board (ADB). On that same day, you received a fourth NJP for resisting apprehension and assaulting three other service members.
On 7 April 1987, your commanding officer forwarded his recommendation that you be discharged under other than honorable conditions by reason of misconduct. On 15 April 1987 the discharge authority directed an other than honorable discharge by reason of misconduct due to a pattern of misconduct. On 19 May 1987 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 overall period of service, and the contention that you were pressured into accepting discharge. Nevertheless, the Board found that these factors were not sufficient to warrant recharacterization of your discharge given your record of four NJP’s, three of which were for assault and one of which was imposed after you were counseled and warned about the consequences of further misconduct. Further, you waived the right to an ADB, your best chance for retention or a better characterization of service. Concerning your contention, there is no evidence in the record to support it, and you submitted no such evidence. 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






2

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