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NAVY | BCNR | CY2007 | 05135-07
Original file (05135-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5 100






 SMW
 Docket No: 5135-07
18 January 2008






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 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.
On 28 September 1990, you reenlisted in the Navy at age 21 after a prior period of honorable service. On 10 October 1991 and 28 January 1992, you had nonjudicial punishment for destruction of government property, disobedience of a lawful order, and a brief period of unauthorized absence. On 6 March 1992, your commanding officer initiated administrative separation by reason of misconduct due to commission of a serious offense. In connection with this processing, you acknowledged that separation could result in an other than honorable (0TH) discharge and elected to have your case heard by an administrative discharge board (2\DB). On 10 April 1992, an ADB found that you were guilty of misconduct due to commission of a serious offense and recommended a general discharge. On 12 June 1992, the separation authority approved the discharge recommendation and directed a general discharge by reason of misconduct due to commission of a serious offense. On 24 June 1992, you were so discharged and assigned an RE-4 reenlistment code.
The Board, in its review of your entire record and application, carefully weighed all potential mitigation, such as your youth and prior period of honorable service. The Board also considered your contention that information from your prior enlistment was considered by the ADB. Nevertheless, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge or changing the reenlistment code due to the seriousness of your misconduct. Regarding your contention, the record shows that the serious offenses considered by the ADB were your violations of Articles 92 and 108 of the Uniform Code of Military Justice, which occurred during your last enlistment, and it appears that the ADB recommended a general discharge instead of an 0TH discharge due to your prior period of honorable service. Therefore, the Board concluded that the discharge was proper as issued and no changes are warranted. 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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