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 NAVY ANNEX
WASHINGTON DC 20370-51 00
TRG
Docket No: 4583-98
24 August 1999
Dear
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 24 August 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 19 January 1978
at age 17. The record shows that during the period 14 August
1978 to 30 July 1981 you received nonjudicial punishment on eight
occasions. Your offenses were twelve periods of unauthorized
absence totaling more than 45 days, breaking restriction, escape
from custody, dereliction of duty, several instances of
disobedience and disrespect.
Based on the foregoing record 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 7 November 1981 the discharge
authority approved the recommendation of your commanding officer
that you be discharged with a discharge under other than
honorable conditions by reason of misconduct. You were so
discharged on 18 November 1981.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, limited
education, the illness of your father and your contention, in
effect, that your medical problems caused your misconduct. The
Board found that these factors and contentions were not
sufficient to warrant recharacterization of your discharge given
the frequency of your misconduct. There is no evidence in the
record, and you have submitted none, to show that you had medical
problems while in the Navy. However, it appears that such a
problem could not excuse or mitigate your multiple periods of
unauthorized absence. 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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