DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SUN
Docket No: 06407-10
11 Apral 2011
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 5 April 2011. 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 the evidence submitted was insufficient
to establish the existence of probable Material error or
Li justice .
You enlisted in the Navy and began a period of active duty on
28 March 1993. The Board found that during the period from
13 September 1994 to 17 February 1995, you received four
nonjudicial punishments (NJP's) for unauthorized absence,
dereliction of duty, assault, disorderly conduct, drunkenness,
Four instances of disobedience, and insubordinate conduct.
Additionally, you were counseled and warned after your first NUP,
that further misconduct could result in administrative discharge
action. Subsequently, administrative discharge action was
initiated by reason of misconduct due to a pattern of misconduct.
You elected to consult counsel and have your case heard before an
administrative discharge board (ADB). On 14 March 1995, the ADB
recommended that you be separated with an other than honorable
discharge by reason of misconduct. Your commanding © Ficer
concurred with the ADB’s finding and forwarded his
recommendation that you be discharged with an OTH discharge. On
5 April 1995, the discharge authority directed an other than
honorable discharge by reason of misconduct due to a pattern of
misconduct. You were so discharged on 10 April 1995.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service, character letters, and post service accomplishments.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge given
your ,four NIP’s for serious offenses, and the fact that you were
counseled and warned of the consequences of further misconduct.
Accordingly, your application has been denied. The names and
vates 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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