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NAVY | BCNR | CY2007 | 05927-07
Original file (05927-07.rtf) Auto-classification: Denied
                                    BOARD FOR CORRECTION OF NAVAL RECORDS
                                             2 NAVY ANNEX
                                    WASHINGTON DC 20370-5100


SJN
 Docket No: 05927-07
4 April 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 2 April 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 reenlisted in the Navy on 29 October 1990 after serving over three years of honorable service. During the period from 30 Nay 1991 to 30 January 1992 you received four nonjudicial punishments (NJP’s) for seven instances of unauthorized absence (UA) and three instances of disobedience. Additionally, prior to your last NJP, you had returned from a 37 day period of UA.
On 11 February 1992, administrative discharge action was initiated by reason of misconduct due to commission of a serious offense. You waived your rights to consult counsel, submit a statement or have your case heard by an administrative discharge board (ADB). On 12 February 1992, your commanding officer forwarded his recommendation that you be discharged under other than honorable conditions by reason of misconduct. On 2 March 1992 the discharge authority directed an other than honorable discharge by reason of misconduct. On 9 March 1992 you were so discharged.




The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth, overall record of service, and character letters accompanying your application. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of your four NJP’s. Further, you waived the right to 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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