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

SJN
Docket No: 09417-06
11 May 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 2 May 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 20 September 1983 at age 17. During the period from 14 August 1985 to 3 February 1987 you received three nonjudicial punishment’s (NJP’s) for two specifications of disobedience, three instances of assault, and resisting arrest. Additionally, you were counseled and warned after the first NJP that continued misconduct could result in separation.

On 17 February 1987 you were notified of pending administrative separation action by reason of misconduct due to a pattern of misconduct. You elected to consult with legal counsel and requested an administrative discharge board (ADB). On 8 April 1987 an ADB unanimously found that you had committed misconduct due to a pattern of misconduct, and recommended discharge under other than honorable conditions. On 21 April 1987 your commanding officer concurred with the ADB and forwarded your case to the discharge authority for review. On 7 May 1987 the discharge authority directed an other than honorable discharge by reason of misconduct due to a pattern of misconduct. On 13 May 1987 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, overall period of service, and post service accomplishments. Nevertheless, the Board found that these factors were not sufficient to warrant recharacterization of your discharge given your record of three NJP’s, all of which were for assault and two of which were imposed after you were counseled and warned of the consequences of further misconduct. Additionally, the Board noted that your last NJP was assaulting a police officer. Further, you waived the right to an ADB, your best chance for retention or a better characterization of service. 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 PFIEFFER
						Executive Director

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