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NAVY | BCNR | CY2007 | 06641-07
Original file (06641-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
                  CRS
                                                                                 Docket No: 6641-07
                                                                                 17 June 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 4 June 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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.
The Board found that you reenlisted in the Navy on 25 August 1977 after more than two years of prior active service. You received four nonjudicial punishments and were convicted by civilian authorities on seven occasions. Your offenses included possession of marijuana on three occasions, larceny, absence from appointed place of duty, and violation of a lawful general regulation.
On 21 April 1981 your commanding officer recommended that you be separated with a discharge under other than honorable conditions by reason of misconduct due to frequent involvement with civil and military authorities. After being informed of the recommendation, you elected to waive the right to present your case to an administrative discharge board. The recommendation for separation was approved by the discharge authority and you were discharged on 22 June 1981 with an undesirable discharge.
In its review of your application the Board carefully weighed all potentially mitigating factors, such as your personal problems and overall service. The Board concluded that those factors were insufficient to warrant recharacterization of your discharge, given
your disciplinary record. Accordingly, and as you have not demonstrated that it would be in the interest of justice for the Board to upgrade your discharge, 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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