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NAVY | BCNR | CY2007 | 05223-07
Original file (05223-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-51 00


 SJN
 Docket No: 05223-07
24 March 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 18 March 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 9 October 1975 at age 21. On 22 April 1976 and 27 September 1977, you received nonjudicial punishment (NJP) for two instances of disobedience and three specifications of unauthorized absence (UA). Additionally, you were counseled and warned that further misconduct could result in administrative discharge action.
On 27 October 1977, you were convicted by special court-martial of five specifications of disobedience. You were sentenced to confinement at hard labor and a reduction in paygrade. On 13 December 1977, you received a third NJP for two periods of UA totaling five days, disobedience, and resisting arrest. On 14 December 1977, you were notified of pending administrative separation action by reason of misconduct due to frequent involvement of a discreditable nature with military authorities. After being advised of your procedural rights, you waived the right to an administrative discharge board (ADB). The discharge authority then directed discharge under honorable conditions by reason of misconduct. You were so discharged on 27 January 1978. The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth and overall record of service. Nevertheless, the Board found that these factors were not sufficient to warrant any change in your discharge because of your three NJP’s, one of which was imposed
after you were counseled and warned about the consequences of further misconduct, and conviction by SPCM. The Board noted that you waived an ADB in exchange for your commanding officer’s recommendation for a general discharge. In this regard, the Board concluded 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. 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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