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NAVY | BCNR | CY2007 | 05427-07
Original file (05427-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100







 S MW
 Docket No: 5427-07
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 Sods, section 1552.
A three-mem b er 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 15 October 1981, you enlisted in the Navy at age 17 with parental consent. On 2 December 1982, you had nonjudicial punishment (NJP) for violation of a lawful order. You were also counseled regarding deficiencies in your performance and conduct and warned that further infractions could result in disciplinary action or administrative separation. On 25 May 1983, you had NJP for a brief period of unauthorized absence (UA) . On 15 June 1983, you were counseled regarding deficiencies in your performance and conduct and again warned that further infractions could result in disciplinary action or administrative separation. On 24 June 1983, you were counseled f or missing morning quarters. On 10 August 1983, you had NJP for breach of the peace. During the period 8 September to 1 November 1983, you were given three more retention warnings. On 25 November 1983 and 18 February 1984, you had NJP for willful disobedience of a lawful order, violation of a lawful order, and assault consummated by battery.
On 19 February 1984, your commanding officer initiated administrative separation by reason of misconduct due to frequent discreditable involvement. 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 (ADB). On 6 March 1984, an ADB found you guilty of misconduct due to frequent discreditable involvement and recommended an 0TH discharge, but also recommended that the 0TH discharge be suspended for a period of six months. On 10 March 1984, your commanding officer recommended an 0TH discharge, but did not concur with the ADB’s recommendation for suspension. On 11 March 1984, a medical evaluation found you had no dependency on drugs or alcohol. On 29 March 1984, the separation authority approved the discharge recommendation and directed an 0TH discharge by reason of misconduct due to frequent discreditable involvement. On 13 April 1984, you were so discharged.
The Board, in its review of your entire record and application, carefully weighed all potential mitigation, such as your youth and desire for a better discharge. Nevertheless, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge due to your misconduct that continued even after you were counseled regarding your discreditable conduct and warned that further infractions could result in administrative separation. Finally, the Board noted that your case was heard by an ADB, which was your best opportunity for retention or a more favorable characterization of service. Therefore, the Board concluded that the discharge was proper as issued and no change is 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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