RDZ : ecb
Docket No. 07377—07
12 May 2008

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 6 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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.

You enlisted in the Navy on 9 June 1999 at age 18. On 8 November 2000 you were counseled regarding your substandard performance of duty and deficiencies in your personal behavior. On 29 November you received nonjudicial punishment (NJP) for failure to obey a lawful order, obstructing justice by impeding an investigation of drug abuse, making a false official statement and dereliction of duty. You were ordered to forfeit $502.00 of pay per month for two months restriction and extra duty for 45 days and reduction in rate to airman recruit. As a result of your misconduct you appeared before an administrative discharge board that unanimously recommended that you be separated from the Navy with an other than honorable (0TH) discharge. You were so separated on 16 May 2001.

In its review of your application the Board carefully considered all potentially extenuating and mitigating matters such as your youth and present remorse for having engaged in misconduct as well as your desire to again serve in the military. Nevertheless in view of the seriousness of your misconduct the Board concluded that your discharge was proper as issued and should not be changed now as a matter of clemency.

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