DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
RDZ:ecb
Docket No. 02667-08
10 July 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 1 July 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 9 January 1990 at age 18. On 18
June 1991 you received nonjudicial punishment (NJP) for three
periods of unauthorized absence (UA) totaling 35 days and
missing movement. You received a second NUP on 26 September
1991 for UA and disobedience of a lawful order. After your
second NJP you received a written warning that any further acts
of misconduct could result in administrative discharge with an
other than honorable (OTH) discharge. Unfortunately you
received your third and fourth NJP on 27 February and 5 April
1992 for periods of UA totaling approximately seven days.
Consequently you were administratively separated with a general
discharge on 6 May 1992 due to a pattern of misconduct.
In its review of your application the Board considered all
potential matter in extenuation and mitigation such as your
youth and post service conduct. Nevertheless the Board
concluded that your discharge was proper as issued and should
not be changed as a matter clemency due to the frequency of your
misconduct over a relatively short period of time and which
persisted even after you were warned of the consequences of such
behavior. The Board also believed that you were indeed
fortunate to have received a general discharge since Sailors
with disciplinary records similar to yours are ordinarily issued
an OTH 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 PFERNF
Executive Dil r
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