DEPARTMENT OF THE NAVY
ROARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O37O~5 1 00

TJR
									Docket No: 11189-06
									31 October 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 30 October 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 reenlisted in the Navy on 20 April 1988 after three years of prior honorable service. You continued to serve without disciplinary incident until 21 February 1989, when you received nonjudicial punishment (NJP) for uttering worthless checks.

On 25 October 1990 you received NJP for a four day period unauthorized absence (UA) and were awarded a $962.60 forfeiture of pay, reduction to paygrade E-3, and extra duty for 45 days. The paygrade reduction was suspended for six months. However, about three months later this suspended punishment was vacated due to your continued misconduct, and on 11 January 1991 you received NJP for four specifications of uttering worthless checks. The punishment imposed was reduction to paygrade E-l and extra duty for 45 days. Shortly thereafter, on 25 February 1991, you received your fourth NJP for a 31 day period of UA.

On 8 March 1991 you were notified of pending administrative separation action by reason of misconduct due to a pattern of misconduct. At that time you waived your right to consult with legal counsel and to present your case to an administrative discharge board (ADB). On 11 March 1991 your commanding officer recommended discharge under other than honorable conditions by reason of misconduct due to a pattern of misconduct. On 13 March 1991 the discharge authority approved this recommendation and directed separation under other than honorable conditions, and on 14 March 1991 you were so discharged.

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your prior honorable service, post service conduct, and assertion that you thought your discharge would be upgraded a year after your separation. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of the seriousness of your repetitive misconduct which resulted in four NJPs. Further, you were given an opportunity to defend yourself, but waived your procedural rights to present your case to an ADB. Finally, no discharge is automatically upgraded due to solely to an individual’s good post service conduct or the passage of time. 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