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NAVY | BCNR | CY1998 | 03817-98
Original file (03817-98.pdf) Auto-classification: Denied
D E P A R T M E N T  O F  T H E  N A V Y  
BOARD FOR CORRECTION OF NAVAL RECORDS 

2 NAW ANNEX 

WASHINGTON DC  20370-5100 

TRG 
Docket No: 3817-98 
8 July 1999 

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 7 July 1999.  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. 

The Board found that you enlisted in the Navy on 20 January 1978 
at age 17.  The record shows that you then served without 
incident for about 15 months.  On 26 April and 17 May 1979 you 
received nonjudicial punishments for disobedience and making a 
false official statement.  During the period 16 June to 3 July 
1979 you were an unauthorized absentee on two occasions totaling 
about seven days. 

On 23 July 1979 you began another period of unauthorized absence. 
The record shows that you were apprehended by civil authorities 
on 26 September 1979 and charged with armed robbery.  You 
returned to the Navy on 21 December 1979.  In early 1980 you were 
convicted by civil authorities and were sentenced to five to 
seven years in prison. 

Based on your conviction by civil authorities you were processed 
for an administrative discharge.  In connection with this 
processing, you elected to waive your right to have your case 
heard by an administrative discharge board.  On 15 August 1980 
the discharge authority approved the recommendation of your 
commanding officer that you be discharged for misconduct with a 
discharge under other than honorable conditions.  You were so 

discharged on 3 March 1981. 

In its review of your application the Board carefully weighed all 
potentially mitigating factors, such as your youth, period of 
good service and your contentions that you have been a good 
citizen for many years.  The Board found that these factors and 
contentions were not sufficient to warrant recharacterization of 
your discharge given your repeated misconduct, lengthy period of 
unauthorized absence and especially your conviction by civil 
authorities of a serious offense.  The Board concluded that the 
discharge was proper as issued and no change is warranted. 

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 



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