DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
RDZ:ecbh
Docket No. 07721-10
5 November 2010
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 4
November 2010. 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.
Your record shows that you served on active duty in the Navy from
5 April 1993 to 24 June 1997 and again from 25 June 1997 to 6 June
2001. You received an honorable discharge for each of these periods
of service. You reenlisted on 7 June 2001 for a term of six years.
Unfortunately you only served a little less than two years and seven
months and you were discharged with an other than honorable discharge
(OTH) due to misconduct. Specifically between January and December
of 2003 you received nonjudicial punishment on five occasions. Your
offenses consisted of being disrespectful to a superior
noncommissioned officer, physically assaulting a subordinate on two
occasions, drunk driving and being incapacitated for duty by
excessive consumption of alcohol. Based on this record of
misconduct your commanding officer recommended that you be separated
with an OTH. After being informed of your commanding officer’s
recommendation you waived your right to an administrative discharge
board (ADB) where with the assistance of a military lawyer you could
have requested retention or a better discharge. Consequently you
were issued an OTH on 3 January 2004.
In its review of your case the Board concluded that in view of the
frequency and seriousness of your misconduct your discharge was
proper as issued and should not be changed now as a matter of clemency.
The Board particularly took into account that when you committed your
misconduct you weré an experienced 27 year old noncommissioned
officer who should have been setting an example for the junior
enlisted personnel serving under you rather than abusing the
authority entrusted to you. The Board also noted your apparent
willingness to accept an OTH rather than try to serve out your
enlistment as evidenced by your waiver of an ADB.
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,
lua,
W. DEAN PFER®F
Executive Direc
Enclosure
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