DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
	WASHINGTON DC 20370-5100	

		CRS
Docket No: 7086-05
22 February 2007

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 31 January 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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.

The Board found that you reenlisted in the Navy Reserve on 9 September 1978 with over 12 years of prior active service. On 29 December 1981 you reported to active duty. The record reflects that you received two nonjudicial punishments, on 24 January and 6 August 1983. The offenses included larceny and assault with a deadly weapon.

On 25 August 1983 your commanding officer recommended that you be separated with an other than honorable discharge by reason of misconduct due to commission of a serious offense. When informed of the recommendation, you elected to waive the right to present your case to an administrative discharge board. After review by the discharge authority, the recommendation for separation was approved and on 13 September 1983 you received an other than honorable discharge.

In its review of your application the Board carefully weighed all potentially mitigating factors, such as your prior honorable service and contention that you were incapable of understanding

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anything due an “ongoing stroke”. However, the Board concluded that these factors were not sufficient to warrant recharacterization of the discharge, given your frequent misconduct and because your separation physical examination found you fit for duty. 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