DEPARTMENT OF THE NAVY
2 NAVY ANNEX
			BOARD FOR CORRECTION OF NAVAL RECORDS 
		                                        WASHINGTON DC 20370-5100	
						TJR
											Docket No: 3705-06
 											28 November 2006

This is in reference o your application for correction of your naval record pursuant to the provisions of Title 10, United States Code  Section 552.

A three-member panel f the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 November 2006. Your allegations of error and injustice reviewed in accordance with administrative regulation 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 s.

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 enlist d in the Naval Reserve on 28 February 1985 and began a period of active duty on 17 December 1985 at age 18. You served for six months without disciplinary incident, but during the period fro 26 June t 8 November 1986 you received nonjudicial punishment (NJP) on t ree occasions for a 30 day period of unauthorized absence (UA), absence from your appointed place of duty on several occasions, and dereliction of duty.

Subsequent y, you were processed for an administrative separation by reason f misconduct due to a pattern of misconduct and frequent involvement f a discreditable nature with military authorities . On 4 
December 1986 the discharge authority directed separation under other than honorable conditions by reason of misconduct and on 13 December 1986 you so were discharged.

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth, post service conduct, and request to upgrade your discharge. It also considered your assertion that your diagnosed depression and other problems may have been the result of your misconduct. Nevertheless, the Board concluded these factors were not sufficient to war ant recharacterization of your discharge because of the seriousness of your repetitive misconduct, which resulted in three NJP and included multiple periods of absence. Further, there is no ‘indications that any mental problem or disorder was sufficiently mitigating to warrant recharacterization. accordingly, your application has been denied.

The names and votes o the members of the panel will be furnished upon request.

It is regretted that he 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 mat er 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 ap lying 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 PFIEFFER
Executive Director

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