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NAVY | BCNR | CY2007 | 03367-07
Original file (03367-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100



 SJN
 Docket No: 03367-07
20 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 23 December 1997 at age 17. On 28 July 1998 you received nonjudicial punishment (NJP) for six specifications of failure to go to your appointed place of duty, two periods of unauthorized absence totaling 35 days, dereliction of duty, and disobedience.
Administrative discharge action was initiated by reason of misconduct due to commission of a serious offense. 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 4 August 1998, your commanding officer forwarded his recommendation that you be discharged under other than honorable conditions. On 17 August 1998 the discharge authority directed an other than honorable discharge by reason of misconduct.




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 contention that you did not commit any misconduct. Nevertheless, the Board found that these factors were not sufficient to warrant recharacterjzatjon of your discharge or reenlistment code given your NJP. Concerning your contention, the record clearly documents that you received a forfeiture of pay, restriction, and extra duty as a result of 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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