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NAVY | BCNR | CY2007 | 05772-07
Original file (05772-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
                  BOARD FOR CORRECTION OF NAVAL RECORDS
                                    2 NAVY ANNEX
                                                       WASHINGTON DC 20370-5100
                                                               SJN
                                                                                          Docket No: 05772-07
27 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 25 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 28 February 1978 at age 17. During the period from 12 June 1978 to 12.October 1979 you received eight nonjudicial punishments (NJP’s) for three instances of failure to go to your appointed place of duty, seven specifications of unauthorized absence (UA) totaling over 16 days, breaking restriction, sleeping on watch, and three instances of disrespectful language. Additionally, you were counseled and warned that further misconduct could result in administrative separation.
On 16 October 1979, 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 other than honorable conditions by reason of misconduct. You were so discharged on 19 December 1979.


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 the eight NJP’s, and the fact that you were counseled and warned about the consequences of further misconduct. The Board also noted that you waived an ADB, your best chance for retention or a better characterization of service. 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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