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
NAVY | BCNR | CY1998 | NC9803817
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 July 1999. 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. The Board found that these factors and contentions were not sufficient to warrant recharacterization of your discharge given your repeated misconduct,...
NAVY | BCNR | CY1998 | 04225-98
A three-member panel of the Board for Correction of Na-1 Records, sitting in executive session, considered your application on 13 July 1999. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY1999 | 06828-98
6828-98 27 May 1999 Dear This is in reference to your naval record pursuant to the States Code, Section 1552. application for correction of your provisions of Title 10, United A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 May 1999. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. You were On 8 August 1980, a medical board...
NAVY | BCNR | CY1999 | 01480-99
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 July 1999. You were re-notified that you were being processed for discharge under other than honorable conditions by reason of misconduct due to civil conviction and sexual perversion. You were so discharged on 8 May 1980.
NAVY | BCNR | CY2009 | 04544-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 April 2010. 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. Subsequently, you were administratively processed for separation by reason of misconduct due to the civil conviction.
NAVY | BCNR | CY1999 | 01243-99
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 July 1999. 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. The Board found that these factors and contentions were not sufficient to warrant recharacterization of your discharge given your multiple periods of...
NAVY | BCNR | CY2007 | 07701-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 August 2008. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2001 | 06908-01
UAs from 31 August to 1980, On 27 March 1981 you were convicted by special court-martial of three of the foregoing periods of UA from 31 August to 18 October, 21-25 October, and 31 October 1979 to 29 December 1980; totaling about 491 days. Accordingly, your application has The Board concluded that you were The fact that you have completed and the-discharge appropriately Your totalled 521 days. Consequently, when applying for a correction of an official naval record, the burden is on the...
NAVY | BCNR | CY2001 | 03947-01
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. However, while the administrative discharge recommendation was being processed, you began another series of unauthorized absences. During the period 25 April to 1 July 1980 you were an unauthorized absentee on three occasions totaling about 35 days.
NAVY | BCNR | CY2007 | 08003-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 November 2008. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...