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NAVY | BCNR | CY2006 | 11322-06
Original file (11322-06.rtf) Auto-classification: Denied
                  DEPARTMENT OF THE NAVY
         BOARD FOR CORRECTION OF NAVAL RECORDS
                            2 NAVY ANNEX
WASHINGTONDC2O37OB
                                   

                                    TJR
 Docket No: 11322-06
31 October 2007


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 31 October 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 17 June 1981 at age 18 and served for nearly a year without disciplinary incident, but during the period from 9 April to 29 October 1982, you received nonjudicial punishment (NJP) on three occasions for two specifications of disrespect, drunk and disorderly conduct, and destroying government property.
On 22 July and again on 2 August 1983 you received NJP for disobedience, two specifications of assault, and attempted strangulation.
Subsequently, on 22 September 1983, you were notified of pending administrative separation action by reason of misconduct due to Commission of a serious offense. At that time you waived your right to consult with legal counsel and to present your case to an administrative discharge board (ADB). However, you submitted a written request for a general discharge. On 3 November 1983 your commanding officer recommended an other than honorable discharge by reason of misconduct due to commission of a serious
 offense. On 28 January 1984 the discharge authority approved this recommendation and directed an other than honorable discharge, and on 13 February 1984 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 post service conduct. It also considered your assertion that your discharge should be upgraded because it was a direct result of a lack of leadership. 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 five NJPs. Finally, you were given an opportunity to defend yourself, but waived your procedural right to present your case to an ADB. 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 FFEIFFER
Executive Di rector

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