DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
	WASHINGTON DC 20370-5100

		SJN
Docket No: 09271-03
12 August 2004

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 10 August 2004. 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 Boa d found the evidence submitted was insufficient to establish the existence of probable material error or injustice.

You enlisted in the Navy on 4 October 1982 at age 21.   During Cr period from 21 June 1984 to 9 August 1985, you received three nonjudicial punishments (NJP) for an unauthorized absence (UA) of two days, three specifications of absence from your appointed place of duty, missing movement, theft, dereliction of duty, and sleeping on watch.

Based on this disciplinary record, administrative discharge action was initiated by reason of misconduct due to a pattern of misconduct. After being advised of your procedural rights and consulting with counsel, you elected to have your case heard by an administrative discharge board (ADB). However, on 29 August 1985 you received another NJP for dereliction of duty and subsequently, waived your rights to have your case heard by an
ADB.

On 11 September 1985, the commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to pattern of misconduct. On 17 September 1985 the discharge authority directed an other than honorable discharge by reason of misconduct and on 24 September 1985 you were so discharged.

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth and immaturity. However, the Board found that these factors were not sufficient to warrant any change in your discharge given your four NJP’s. The Board also noted that you waived an ADB, your best chance for retention or a better characterization of service. 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,

W. DEAN PFEIFFER
Executive Director

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