DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 2177-08
30 October 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
29 October 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.
On 1 September 1982, you enlisted in the Navy at age 19. On
7 and 28 April 1983, you had nonjudicial punishment (NJP) for four
brief instances of unauthorized absence (UA) and two instances of
failure to obey a lawful order. On 28 April 1983, you were counseled
regarding deficiencies in your performance and conduct and warned
that further infractions could result in disciplinary action or an
other than honorable (OTH) discharge. On 21 August 1984 and
28 March 1985, you had NUP for dereliction in the performance of your
duties, disrespect, assault, absence from your appointed place of
duty, and failure to go to your appointed place of duty. On
1 April 1985, you were counseled regarding deficiencies in your
performance and conduct and warned that further infractions could
result in disciplinary action or an OTH discharge. On 18 April 1985,
you had NUP for eight instances of UA and failure to obey a lawful
order.
On 26 April 1985, your commanding officer initiated administrative
separation by reason of misconduct due to a pattern of misconduct.
In connection with this processing, you acknowledged that separation
could result in an OTH discharge and waived the right to have your
case heard by an administrative discharge board (ADB). On
7 May 1985, you had NUP for use of provoking speech and gestures and
absence from your appointed place of duty. On 8 May 1985, the
separation authority approved the discharge recommendation and
directed an OTH discharge by reason of misconduct due to a pattern of
misconduct. On 10 May 1985, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth and
desire for a better discharge. Nevertheless, the Board concluded
that these factors were not sufficient to warrant recharacterization
of your discharge due to the seriousness of your misconduct that
continued even after you were warned that further infractions could
result in an OTH discharge. The Board also noted that you waived the
right to have your case heard by an ADB, your best opportunity for
retention or a more favorable characterization of service.
Therefore, 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,
oar,
W. DEAN PFEIFF
Executive Dire xr
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