TJR
Docket No: 7072-07
22 May 2008

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 20 May 2008. 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 11 July 1990 at age 19 and served without disciplinary incident until 16 August 1991 when you received nonjudicial punishment (NJP) for larceny. About nine months later on 22 May 1992, you received NJP for absence from your appointed place of duty. On 29 March 1993 you received your third NJP for insubordination, failure to obey a lawful order, and using provoking speech and/or gestures.

Subsequently, you were notified of pending. administrative separation action by reason of misconduct due to commission of a serious offense. After consulting with legal counsel you waived your right to present your case to an administrative discharge board (ADB). On 31 March 1993 your commanding officer recommended an other than honorable discharge by reason of -misconduct due to commission of a serious offense. On 15 April 1993 this recommendation was approved and the discharge authority directed discharge under other than honorable conditions by reason of misconduct due to commission of a serious offense, and on 5 May 1 993 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, post service conduct, desire to have your discharge upgraded, and assertion of being misled regarding the upgrade of your discharge. It also considered your assertion of harassment and being badgered by senior personnel. Nevertheless, the Board concluded these, factors were not sufficient to warrant recharacterization of your discharge because of the seriousness of your misconduct, which resulted in three NJPs. Finally, you were given an opportunity to defend yourself, but waived your procedural right to present your case to an ADB. 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