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NAVY | BCNR | CY2007 | 03861-07
Original file (03861-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECT!ON OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O370-5100        




TJR
                                                                                 Docket No: 3861-07
                                                                                          28 February 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 1552.
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 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 en1ist~d in the Navy on 1 December 1986 at age 22 and served for one year and four months without disciplinary incident. However, during the period from 19 April to 1 November 1988, you received nonjudicial punishment (NJP) on five occasions for three periods of absence from your appointed place of duty, missing the movement of your ship, three specifications of failure to obey a lawful order, and two specifications of assault.
On 4 November 1988 you were notified of pending administrative separation action by reason of misconduct due to a pattern of misconduct and 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). On 6 November 1988 your commanding officer recommended an other than honorable discharge by reason of misconduct due to a pattern of misconduct and commission of a serious offense as evidenced by multiple NJPs. On 13 November 1988 the discharge authority approved this recommendation and directed an other than honorable discharge, and on 15 December 1988 you were so discharged.
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and assertion that you were told that your discharge would be automatically upgraded six months after your separation. It also considered your assertion that you committed no offenses that warranted an other than honorable discharge. 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 five NJPs. Further, you were given an opportunity to defend yourself, but waived your procedural right to present your case to an ADB. Be advised that no discharge is automatically upgraded due solely to the passage of time. Finally, there is documented evidence in your record to support an other than honorable 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,

W. DEAN PFEIFFER
Executive Director

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