Search Decisions

Decision Text

NAVY | BCNR | CY2007 | 02422-07
Original file (02422-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                                     2 NAVY ANNEX                                                                                                       WASHINGTON DC 20370-5100



SMW
 Docket No: 2422-07
 1 November 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 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.
On 23 December 1985, you reenlisted in the Navy at age 25 after a prior period of honorable service. You then served without incident until 14 May 1991, when you had nonjudicial punishment for an unauthorized absence (UA) and failure to obey a lawful order. On 20 May 1991, you were counseled regarding deficiencies in your conduct and warned that further infractions could result in disciplinary action or an administrative separation. During the period 5 August to 24 September 1991, you were UA on four more occasions totaling about 14 days. On 29 October 1991, you were convicted by a summary court-martial (SCM) of the four UA’s and failure to obey a lawful order.
On 29 October 1991, your commanding officer initiated administrative separation 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 (0TH) discharge and waived the right to have your case heard by an administrative discharge board (ADB). On 15 November 1991, the separation authority approved the discharge recommendation and directed an O TH discharge by reason of misconduct due to commission of a serious offense. On 26 November 1991, you were so discharged and assigned an RE-4 reenlistment code .

The Board, in its review of your entire record and application, carefully weighed all potential mitigation, such as your prior period of honorable service and contention that the offenses occurred within weeks of each other. Nevertheless, the Board concluded that these factors and contention were not sufficient to warrant recharacterization of your discharge or changing the reenlistment code due to the seriousness of your misconduct that continued for more than five months after you were counseled regarding deficiencies in your conduct and warned that further infractions could result in disciplinary action or administrative separation. Finally, the Board noted that you waived the right to have your case heard by an ADE, 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.
The Board noted that as a result of your prior honorable service, you may be eligible for veteran’s benefits. You should contact the nearest office of the Department of Veteran’s Affairs if you desire clarification about your eligibility for those benefits.

Sincerely,


W. DEAN PFEIFFER
Executive Director
         







2

Similar Decisions

  • NAVY | BCNR | CY2007 | 10216-07

    Original file (10216-07.pdf) Auto-classification: Denied

    On 2 December 1991, 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 (OTH) discharge. In connection with this processing, you acknowledged that separation could result in an OTH discharge and waived the right to have your case heard by an administrative discharge board (ADB). On 7 August 1992, you were so discharged.

  • NAVY | BCNR | CY2006 | 10056-06

    Original file (10056-06.pdf) Auto-classification: Denied

    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. In connection with this processing, you acknowledged that separation could result in an other than honorable discharge and elected to have your case heard by an administrative discharge board (ADB). Nevertheless, the Board concluded that these factors were not sufficient to warrant...

  • NAVY | BCNR | CY2008 | 02235-08

    Original file (02235-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 October 2008. 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. Nevertheless, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge due to the seriousness of...

  • NAVY | BCNR | CY2006 | 05384-06

    Original file (05384-06.rtf) Auto-classification: Denied

    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 11 January 1989 at age 18. On 12 March 1991 you received NJP for this...

  • NAVY | BCNR | CY2008 | 01582-08

    Original file (01582-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 October 2008. 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. In connection with this processing, you acknowledged that separation could result in an OTH discharge and elected to have your case heard by...

  • NAVY | BCNR | CY2008 | 02222-08

    Original file (02222-08.pdf) Auto-classification: Denied

    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. In connection with this processing, you acknowledged that separation could result in an OTH discharge and waived the right to have your case heard by an administrative discharge board (ADB). Nevertheless, the Board concluded that these factors were not sufficient to warrant...

  • NAVY | BCNR | CY2008 | 02177-08

    Original file (02177-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 October 2008. 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. On 10 May 1985, you were so discharged.

  • NAVY | BCNR | CY2008 | 00401-08

    Original file (00401-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 August 2008. 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. In connection with this processing, you acknowledged that separation could result in an OTH discharge and waived the right to have your case heard...

  • NAVY | BCNR | CY2008 | 04581-08

    Original file (04581-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 February 2009. 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. Nevertheless, the Board concluded that these factors were not sufficient to warrant recharacterization of your service due to the seriousness of...

  • NAVY | BCNR | CY2006 | 06412-06

    Original file (06412-06.rtf) Auto-classification: Denied

    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...