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NAVY | BCNR | CY2007 | 05504-07
Original file (05504-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O370-5100





 SMW
 Docket No: 5504-07
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 i552
A three-me mb 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 24 September 1979, you enlisted in the Navy at age 18. During the period 7 February 1980 to 3 April 1981, you had six nonjudicial punishments (NJP’s). Your offenses included possession of marijuana, five instances of failure to go to your appointed place of duty, two instances of failure to obey a lawful order, willful disobedience of a lawful order, and a three day period of unauthorized absence. On 6 April 1981, you were counseled regarding deficiencies in your performance and conduct and warned that further infractions could result in disciplinary action or administrative separation. On 23 April 1981, you had NJP for absence from your appointed place of duty, assault, willful disobedience of a lawful order, use of provoking words, and behavior that was prejudicial to good order and discipline.




On 23 April 1981, 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 waived the right to
have your case heard by an administrative discharge board (ADB). On 5
May 1981, the separation authority approved the discharge
recommendation and directed an 0TH discharge by reason of misconduct
due to frequent discreditable involvement. On 15 May 1981, 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 the seriousness of your misconduct that continued even after you were warned that further infractions could result in administrative separation. Finally, the Board noted that you waived the right to have your case heard by an ADB, 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.
Sincerel y



W. DEAN PFEIFFER
Executive Dir ector
















2

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