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NAVY | BCNR | CY2007 | 07169-07
Original file (07169-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5 100


 RDZ : ecb
 Docket No. 07169-07
21 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 18 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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.
You enlisted in the Navy on 27 July 1998 at age 20. On 12 October 2000 you received non-judicial punishment (NJP) for failure to obey a lawful order, making false official statements and obstructing justice. You were given a written warning that further misconduct in could result in administrative separation with an other than honorable (0TH) discharge. Unfortunately on 5 February 2001 you received your second NJP for breaking restriction. You received your third and final NJP for failure to obey a lawful order. As a result of your repeated acts of       misconduct you were administratively separated with a general discharge.

In its review of your application the Board considered all potentially mitigating factors especially your impressive post service achievements and the equally impressive letters accompanying your application attesting to your good character and suitability for further service. Nevertheless the Board concluded that because you were separated for misconduct the RE-4 reenlistment code was properly assigned and should not be changed. The Board also found that you were indeed fortunate to have received a general discharge since most Sailors with three or more NJP’s usually receive an 0TH discharge.
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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