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NAVY | BCNR | CY2007 | 09434-07
Original file (09434-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

                                                       TRG
          Docket No: 9434-07
         6 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 28 May 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 14 January 1994 at age 25. Documentation in the record shows that during the period from 23 October 1996 to 10 September 1997 you received nonjudicial punishment (NJP) on three occasions. Your offenses were malingering, dereliction of duty, insubordination and communicating a threat. After the second NJP, you were counseled and warned that further misconduct could lead to discharge processing.
Based on the foregoing record, you were processed for an administrative discharge. In connection with this processing, you elected to waive the right to have your case heard by an administrative discharge board. After review, the discharge authority directed a general discharge by reason of misconduct and you were so discharged on 8 December 1997.




In its review of your application the Board carefully weighed all potentially mitigating factors, such as your apparent inability to adjust to military life and your contention that your record of misconduct was not properly documented and should not be used in the characterization of your service. The Board found that these factors and contention were not sufficient to warrant recharacterjzatjon of your discharge given your disciplinary record and especially your misconduct after you were counseled and warned of the possible consequences of further misconduct. It is true that documentation concerning the NJP’s is not filed in the record, however, each NJP is mentioned in the commanding officer’s letter directing your discharge. Further, you acknowledged that you were being processed for discharge by reason of misconduct and waived your right to contest the processing. 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.
Sincerely,



W. DEAN PFIEFFER
Executive Director







Copy to:
The Disabled American Veterans

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