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NAVY | BCNR | CY2007 | 03074-07
Original file (03074-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


                                    SJN
                                              Docket No: 03074-07
                                             18 December 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 11 December 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 May 2004 at age 23. You served over two years without incident until 21 June 2006, when you received nonjudicial punishment (NJP) for a 17—day period of unauthorized absence (UA). You received restriction, extra duty, and a reduction in paygrade. Prior to receiving this NJP, you were counseled and warned on numerous occasions that further misconduct could result in administrative action.
Based on this disciplinary record, administrative discharge action was initiated by reason of misconduct due to minor infractions. You waived your rights to consult counsel, submit a statement or have your case heard by an administrative discharge board (ADB). You elected only to obtain copies of documents supporting the basis for separation. On 21 June 2006, your commanding officer directed your discharge by reason of misconduct, with a general characterization of service. You were so discharged on 28 June 2006.
 The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth, overall record of service, and the reason you provided for the cause of your misconduct. Nevertheless, the Board found that these factors were not sufficient to warrant recharacterization of your discharge given the UA for which you were found guilty of and awarded NJP. Additionally, the Board noted that you were counseled on numerous occasions with regard to your performance and behavior, and that you were fortunate to receive a general discharge since a discharge under other than honorable conditions is often directed when an individual is discharged for misconduct. Further, you waived the right to an ADB, your best chance for retention or a better characterization of service. 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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