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NAVY | BCNR | CY2007 | 00505-07
Original file (00505-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


 TJR
 Docket No: 505-07
 7 November 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 6 November 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 13 July 1995 at age 17 and served without disciplinary incident until 9 September 1995, when you received nonjudicial punishment (NJP) for failure to obey a lawful order. About five months later, on 8 February 1996, you received NJP for destruction of government property.
On 3 April 1997 you were convicted by special court-martial (SPCM) of two periods of unauthorized absence (UA) totalling 103 days and wrongful use of marijuana. You were sentenced to confinement for three months and a $1,500 forfeiture of pay.
On 21 May 1997 you were notified of pending administrative separation action by reason of misconduct due to Commission of a serious offense, a pattern of misconduct, and drug abuse. At that time you waived your right to consult with legal counsel and to present your case to an administrative discharge board (ADB)
 Subsequently, your commanding officer recommended an other than honorable discharge by reason of misconduct due to commission of serious offense, a pattern of misconduct, and drug abuse. On 2 June 1997 the discharge authority approved this recommendation and directed an other than honorable discharge, and on 17 June 1997 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 desire to upgrade your discharge and change your reenlistment code. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge or a change in the reenlistment code because of the seriousness of your repetitive misconduct, which resulted in two NJPs and a court-martial conviction, and included drug abuse. 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 PFEIFFER
Executive Director

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