DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SJN
Docket No: o0924-i11
2 November 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.
mA three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 1 November 2011. Your allegations of error and
injustice were reviewed in accordance with administrative
reguiations 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
injustice.
You reenlisted in the Navy on 3 May 1988 after eight years of
honorable service. The Board found that you received two
nonjudicial punishments (NOP’s) for three instances of assault,
one of which involved you brandishing a loaded weapon at another
Sailor while on base, two instances of disorderly conduct, and
driving on base with an unregistered loaded weapon.
Subsequently, administrative discharge action was initiated by
reason of misconduct due to commission of a serious offense. You
elected to consult counsel and have your case heard before an
administrative discharge board (ADB). On 6 April 1994, the ADB
recommended separation with a general discharge by reason of
“misconduct. On 19 April 1994, your commanding officer concurred
with the ADB’s findings and forwarded his recommendation that you
receive a general discharge. On 11 May 1994, the separation
authority directed a general discharge by reason of misconduct
due to commission of a serious offense. On 25 May 1994 you were
go discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your prior honorable
service and Good Conduct Medals. Nevertheless, the Board found
that these factors were not sufficient to warrant
recharacterization of your discharge given your two NIP's for
very serious offenses. Finally, the Board also noted that you
were fortunate to receive a general discharge since a discharge
“under other than honorable conditions is often given when an
individual is discharged for misconduct. 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,
Lo Woareht
W. DEAN PFERFF
Executive Dine
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