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

TJR
Docket No: 9115-06
5 September 2007

This is in reference to your application for correction of your naval record pursuant to the provisions of Title 10, 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 5 September 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 25 July 1988 at age 18. You served for a year and two months without disciplinary incident, but during the period from 25 September to 9 October 1989 you were in an unauthorized absence (UA) status on two occasions for three days. However, the record does not reflect the disciplinary action taken, if any, for these periods of UA. Shortly thereafter, on 29 November 1989, you received nonjudicial punishment (NJP) for a 10 days period of UA and theft of a cassette player. The punishment imposed was restriction and extra duty for 25 days and a $200 forfeiture of pay.

On 16 February 1990 you were convicted by civil authorities of second degree robbery. You were sentenced to confinement for three months, community supervision for a year, $101.50 restitution, $47.37 court costs, and $525 recoupment of attorney fees. You were also directed to attend Alcoholics Anonymous meetings.

Subsequently, you were notified of pending administrative separation action by reason of misconduct due to civil conviction. At that time you waived your right to consult with legal counsel and to present your case to an administrative discharge board (ADB). On 2 August 1990 your commanding officer recommended a discharge under other than honorable conditions by reason of misconduct due to civil conviction. On 23 August 1990 the discharge authority directed separation under other than honorable conditions, and on 6 September 1990 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 and assertion that there is no evidence in the record to support an other than honorable discharge. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of the seriousness of your repetitive misconduct in both the military and civilian communities. Further, the Board noted that you were given an opportunity to defend yourself, but waived your procedural right to present your case to an ADB. Finally, the Board noted that the record contains documented evidence which is contrary to your assertions. 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