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NAVY | BCNR | CY2007 | 02759-07
Original file (02759-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
                           BOARD FOR CORRECTION OF NAVAL RECORDS
          WASHINGTON DC2O37O~1OO  



                           TJR
 Docket No: 2759-07
18 January 2008








This is In reference to your application for correction of your naval record pursuant to the provisions of Title 10, United States Code, Section 1551
A three--me mber panel of consisting of Naval Records, sitting in executive session, considered your application on 16 January 2008. 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 22 August 1979 at age 18 and served for more than two years without disciplinary incident, but on 14 October 1981 you received nonjudicial punishment (NJP) for three periods of failure to go to your appointed place of duty and two periods of unauthorized absence (UA) totalling 12 days. The punishment imposed was extra duty for 22 days, restriction for 30 days, reduction to paygrade E—1, and a $400 forfeiture of pay. On 18 September 1982 you were convicted by summary court-martial (SCM) of a 70 day period of UA and sentenced to confinement at hard labor for 15 days, reduction to paygrade E-l, and a $360 forfeiture of pay. About six months later, on 17 March 1983, you received NJP for a one day period of UA and were awarded a $572 forfeiture of pay, and confinement on bread and water for three days.




On 24 March 1983 you were notified of pending administrative separation action by reason of misconduct due to minor disciplinary infractions. At that time you waived your right to consult with legal counsel and to present your case to an administrative discharge board (A]JB). Subsequently, your commanding officer recommended a general discharge by reason of misconduct due to minor disciplinary infractions. The discharge authority approved this recommendation and directed separation under honorable conditions, and on 5 April 1983 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, post service conduct, and the passage of time. It also considered your assertion that you would like your discharge upgraded so that you may obtain employment in law enforcement. 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 two NJPs and a court-martial conviction. Further, no discharge is automatically upgraded due solely to the passage of time or an individual’s good post service conduct. Finally, Sailors discharged by reason of misconduct normally receive discharges under other than honorable conditions, so the Board concluded you were fortunate to receive a general discharge. 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.
                                                              
                                             W. DEAN PFEIFFER
                                                                Executive Director

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