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NAVY | BCNR | CY2007 | 05511-07
Original file (05511-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100






 SMW
 Docket No: 5511-07
18 January 2008






This is in reference to your application for correction of your naval record pursuant to the provisions o f title 10 of the United States Code, section 1552.
A three-member panel of t he Board fo r 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 14 January 1975, you enlisted in the Navy at age 17. During the period 30 March to 11 November 1976, you had two nonjudicial punishments and were convicted by a special court-martial. Your offenses included two instances of unauthorized absence totaling about 37 days, failure to obey a lawful order, disrespect, two instances of assault, and larceny.
On 11 November 1976, 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). However, you also signed a conditional waiver of the ADB provided your commanding officer recommended a general discharge. On 3 December 1976, the separation authority approved your conditional waiver and directed a general discharge by reason of misconduct due to frequent discreditable involvement. On 17 December 1976, you were so discharged.
 The Board, in its review of your entire record and application, carefully weighed all potential mitigation, such as your youth. Nevertheless, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge due to your repetitive misconduct. The Board noted that although you first elected the right to have your case heard by an AJJB, you later waived that right, which was your best opportunity for retention or a more favorable characterization of service. Furthermore, the Board found that you were fortunate to have received a general discharge, since most individuals who are discharged due to misconduct receive an 0TH discharge. 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.
The Board noted that as a result of your general discharge, you may be eligible for veteran’s benefits. You should contact the nearest office of the Department of Veterans Affairs if you desire clarification about your eligibility for those benefits.

Sincerely,



                                                               W. DEAN PFEIFFER
                                                               Executive Director

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