DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370~5 100

TRG
Docket No: 8935-06
9 November 2006

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 7 November 2006. 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.

You enlisted in the Navy on 1 July 1985 at age 19. During the period from 20 February to 18 September 1986, you received nonjudicial punishment on five occasions. Your offenses were two instances of larceny, assault, disobedience, making a false official statement and several short periods of unauthorized absence.

Based on the foregoing record of misconduct, you were processed f or an administrative discharge. In connection with this processing, you elected to waive the right to have your case heard by an administrative discharge board (ADB). After review, the discharge authority directed discharge under other than honorable conditions and you were so discharged on 15 October
1986.

In its review of your application the Board carefully weighed all potentially mitigating factors, such as your youth and desire for veterans’ benefits. The Board found that these factors and contentions were not sufficient to warrant recharacterization of your discharge given your serious and frequent misconduct. The Board also noted that you waived the right to an ADB, your best opportunity for retention or a better characterization of service. The Board concluded that the discharge was proper as issued and no change is warranted.

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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