DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 203704100
CRS
Docket No:
18 May 1999
6724-98
Section 1552.
Dear
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, United
States Code,
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
Your allegations of error and
application on 5 May 1999.
injustice were reviewed in accordance with administrative
of this
regulations and procedures applicable to the proceedings
Documentary material considered by the Board consisted of
Board.
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 12 April 1977 at
age 18.
Your record reflects that you received three nonjudicial
punishments and were convicted by a summary court-martial and a
special court-martial.
absence from your appointed place of
absences totalling 39 days,
duty on two occasions, larceny, breach of the peace, missing
ship's movement, failure to obey a lawful order on two occasions,
breaking restriction, escaping from correctional custody, and two
instances of wrongful appropriation.
On 25 July 1979 the commanding officer recommended that you be
separated with an other than honorable discharge by reason of
misconduct.
waive your right to present your case to an administrative
After review by the discharge authority, the
discharge board.
recommendation for separation was modified and you received a
general discharge on 25 July 1979.
In its review of your application the Board carefully weighed all
When informed of the recommendation, you elected to
The offenses included unauthorized
.
In this regard, individuals discharged by
However, the Board concluded that these factors were
potentially mitigating factors, such as your youth and
immaturity.
not sufficient to warrant recharacterization of your discharge,
given your record of frequent involvement with military
The Board especially noted the fact that you were
authorities.
the subject of five disciplinary actions within a period of less
than three years.
reason of misconduct are often discharged under other than
Therefore, the Board concluded that you
honorable conditions.
were fortunate to receive a general discharge and no change to
Accordingly, your application has
the discharge is warranted.
“rhe names and votes of the members of the panel
been denied.
will be furnished upon request.
It is regretted that the circumstances of your case are such that
You are entitled to have the
favorable action cannot be taken.
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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