DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SoN
Docket No: 01041-11
9 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.
R three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 8 November 2011. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this. o
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 enlisted in the Navy and began a period of active duty on
13 June 2000. The Board found that you served without incident
until 22 June 2006, when you received nonjudicial punishment
(NIP) for forgery, uttering checks without sufficient funds, and
uttering worthless checks by failing to maintain sufficient
Funds. You received a forfeiture of pay and a reduction in
paygrade. Although your record is incomplete, administrative
discharge action was initiated by reason of misconduct due to
commission of a serious offense. You had the rights to consult
counsel, submit a statement or have your case heard by an
administrative discharge board (ADB). Your case was forwarded
and on 23 October 2006, you received a general discharge by
reason of misconduct.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and record
of service. Nevertheless, the Board found that these factors
were not sufficient to warrant changing the characterization of
your discharge given your NIP for serious offenses. The Board
also noted that you were fortunate to receive a general discharge
since a discharge under other than honorable conditions is often
directed 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,
Isto!
W. DEAN PFEYTFF
Executive e r
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