DEPARTMENT OF THE NAVY >
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 3818-07
15 February 2008
THIS is in reference to your applicatton 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 12 February 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 30 July 1999 at age 19 and served for
nearly two years without disciplinary incident, but on 13 March
2002 you received nonjudicial punishment (NJP) for making a false
office statement and forgery. About a year later, on 1 July
2003, you received NUP for making a false official statement and
larceny.
On 7 July 2003 you were notified of pending administrative
separation action by reason of misconduct due to commission of a
serious offense. 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 a general discharge by reason of misconduct due to
commission of a serious offense. This recommendation also
stated, in part, that you had no place in the Navy, could not be
trusted, and your conduct was not in keeping with Navy core
values. The discharge authority approved this recommendation and
directed separation under honorable conditions, and on 29 July
2003 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 assertion that you were told that your discharge
would be automatically upgraded six months after your separation.
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 NUPs. Further, no discharge is automatically
upgraded due solely to the passage of time. 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.
Sincerely,
le Woass )
W. DEAN PFEIL
Executive Di
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