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

SMW
Docket No: 8967-06
26 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 23 February 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.

On 8 June 1982 you enlisted in the Navy at age 19. During the period from 28 September 1982 to 20 March 1984 you received six nonjudicial punishments (NJP’s). Your offenses included two instances of failure to go to your appointed place of duty, two instances of leaving your appointed place of duty, five instances of unauthorized absence (UA) totaling about four days, and failure to obey a lawful order. On 9 April 1984 you were counseled regarding deficiencies in your performance and conduct, and warned that further infractions could result in disciplinary action or an other than honorable discharge. During the period from 3 to 25 June 1984 you were UA on two more occasions. On 25 June 1984 you received NJP for these two UA’s, totaling about
22 days.

On 27 June 1984 your commanding officer (CO) initiated administrative separation by reason of misconduct due to frequent discreditable involvement. In connection with this processing, you acknowledged that the separation could result in an other than honorable discharge and waived the right to have your case heard by an administrative discharge board (ADB). On 28 June 1984 your CO recommended an other than honorable discharge. On 20 July 1984 the separation authority approved the recommendation and directed an other than honorable discharge by reason of misconduct due to frequent discreditable involvement. On 24 July 1984 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. The Board also considered your contention that you were harassed by your supervisors. Nevertheless, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge due to the repetitive misconduct, especially the UA’s totaling 26 days. Regarding your contention, there is no evidence in the record to show that you were harassed in any way. Finally, the Board noted that you waived the right to have your case heard by an ADB, your best opportunity for retention or a more favorable characterization of service. Therefore, 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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