DEPARTMENT OF THE NAV
Y
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAW ANNEX
WASHINGTON DC 20370-5100
ELP
Docket No. 6760-99
18 February 2000
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 16 February 2000.
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.
On the same date, you were
You were advanced'to SA (E-2) and served for 23
The Board found that you enlisted in the Naval Reserve on
17 November 1979 for six years.
ordered to active duty for a period of three years in the Active
Mariner Program.
months'without incident.
from October 1981 to December 1982 you received a nonjudicial
punishment
..martial.
good order and discipline in the armed forces, a 31 day period of
unauthorized absence,
two instances of disobedience, leaving your
ship while in a restricted status, breach of the peace, assault,
and communicating a threat.
Your offenses consisted of acting to the prejudice of
However, during the 14 month period
(NJP) and were convicted by two summary
courts-
On 19 December 1982 you were notified that discharge action was
being initiated by reason of misconduct due to commission of a
serious offense.
that if discharge was approved it could be under other than
honorable conditions.
Thereafter, you waived your right to
You were advised of your procedural rights and
(ADB).
consult with counsel and to present your case to an
On 29 December 1982, the
administrative discharge board
commanding officer (CO) recommended that you be discharged under
In his recommendation, the CO
other than honorable conditions.
stated that you had been a constant discipline problem due to
your disregard for authority and your latest actions had
identified you as the
the ship.
be tolerated.
recommendation and directed discharge under other than honorable
You were so discharged on
conditions by reason of misconduct.
1 February 1983.
arm" of at least one drug dealer on
Your behavior and presence on the ship could no longer
The Chief of Naval Personnel approved the
"strong
The Board concluded that these factors were
In its review of your application the Board carefully weighed all
potentially mitigating factors such as your youth and immaturity,
letters of, reference, regret for your actions, good post-service
conduct, and the fact that it has been more than 16 years since
you were discharged.
insufficient to warrant recharacterization of your discharge
given your record of an NJP and the serious nature of the
offenses of which you were convicted by two summary
martial.
your right to an ADB,
should be retained or discharged under honorable conditions.
Board concluded that the discharge was proper 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.
The Board noted the aggravating factor that you waived
the one opportunity you had to show why you
courts-
The
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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