DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL E?ECOPDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

SJN
Docket No: 01801-04
18 June 2007

Dear

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 13 June 2007. 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 on 26 September 1986 at age 21. You served without incident for over 15 months until 17-January 1988, when you were counseled with regard to writing bad checks. You were warned that further misconduct could result in administrative separation action.

On 6 April and 15 July 1988 you received nonjudicial punishment (NJP) for writing bad checks without sufficient funds and disrespect.

On 15 July 1988 you were notified of pending administrative separation action by reason of misconduct due to a pattern of dishonorable failure to pay just debts. Although you objected to the separation, on 9 March 1988, your commanding officer forwarded his recommendation that you be discharged under other than honorable conditions by reason of misconduct. On 22 September 1988 the discharge authority directed an other than honorable discharge by reason of misconduct due to a pattern of misconduct. On 29 September 1988 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, overall period of service, and the letter from the Division of Veteran Services. Nevertheless, the Board found that these factors were not sufficient to warrant recharacterization of your discharge given your record of two NJP’s which were imposed after you were counseled and warned of the consequences of further misconduct one of which was for writing checks without maintaining funds to cover them. The Board also noted that documentation in the record indicates that you owed nearly $1,300 in debts and wrote bad checks in the amount of over $1,200. 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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