NAV Y
DEPARTMENTOFTHE
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No:
15 April 1999
3856-98
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 14 April 1999.
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.
Your allegations of error and
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.
Your record reflects that you received six
The Board found that you enlisted in the Navy on 30 August 1974
at age 17.
nonjudicial punishments.
absences
duty on two occasions,
communicating a threat,
possession of another Sailor's identification card, resisting
apprehension, and breaking restriction.
totalling 10 days, absence from your appointed place of
The offenses included unauthorized
disrespect, possession of marijuana,
failure to obey a lawful order,
On 3 July 1975 administrative separation action was initiated by
On 8 July 1975 the commanding officer
reason of unfitness.
recommended that you be separated with a general discharge by
reason of unfitness.
to waive your right to present your case to an administrative
discharge board, provided you were recommended for a general
discharge.
recommendation for separation was approved and you received a
general discharge on 16 July 1975.
After review by the discharge authority, the
When-informed of this action, you elected
such as your youth and immaturity
However,
In its review of your application the Board carefully weighed all
potentially mitigating factors,
and the contention that you enlisted at the age of 16.
the Board concluded that these factors were not sufficient to
warrant recharacterization of your discharge, given your frequent
involvement with military authorities.
noted the fact that you were the subject of six disciplinary
actions within a period of less than a year, and that you waived
your procedural rights in order to receive a general discharge.
Additionally, your records show that you presented evidence that
you were 17
concluded that no change to the discharge is warranted.
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
The Board especially
at the time of enlistment.
Therefore, the Board
The names and
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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