DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
REC
Docket No: 00440-12
15 October 2012
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10, 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 3 October 2012. 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
injustice.
You enlisted in the Navy and began a period of active duty on 16
June 1986, at age 19. On 21 April 1987, you received
nonjudicial punishment (NJP) for two incidents of being absent
from your appointed place of duty. On 23 September 1987, you
received NJP for dereliction in the performance of duties, and
making a false official statement. On 14 July 1988, you
received NJP for failure to obey a lawful written order. On 9
September 1988, you were notified that administrative discharge
procedures were initiated and that you would receive a general
discharge due to misconduct (pattern of misconduct). You
elected to have your case heard by an administrative discharge
board (ADB), which found that you had committed misconduct, and
recommended that you be separated with a general discharge. On
23 September 1988, your commanding officer agreed with the ADB
and forwarded his recommendation that you be discharged with a
general under honorable conditions characterization of service
by reason of misconduct. On 14 November 1988, the discharge
authority directed a general discharge by reason of misconduct.
On 18 November 1988, you received the general discharge due to
misconduct (pattern of misconduct). At that time you were
assigned an RE-4 reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your record of service. However, the Board found that these
factors were not sufficient to warrant any change in your
character of service, given your record of four NJP’s for
misconduct. The Board also noted that you were fortunate to
receive a general discharge since a separation under other than
honorable conditions is often directed when an individual is
found to have committed 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,
Cee w. DEAN PFEIFFER
Executive Director
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