Y
DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
ELP
Docket No. 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.
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.
The Board found that you enlisted in the Naval Reserve on
27 August 1979 for eight years in the Active Mariner Program at
age 17.
period of three years.
subsequently changed your rate to RMSA.
You were ordered to active duty on 22 October 1979 for a
You were advanced to SA (E-2) and
On 9 June 1980, you were admitted to a naval hospital
diagnosis of concussion.
You were discharged from treatment on
23 June 1980 with a diagnoses of mild concussion, recovered; and
syncopal episode, etiology undetermined, not considered unfitting
for duty.
However, you were returned to the hospital by military
ambulance on 11 July 1980 due to a
issued temporary additional duty orders on 21 July 1980 to report
to National Naval Medical Center (NNMC) no later than 23 July
However, you failed to comply with the
1980 for admission.
orders and were reported in an unauthorized absence
You remained absent until you were apprehended by civil
authorities on 26 July 1980.
You were then returned to the
(UA) status.
NNMC.
with.a
syncopal attack.
You were
On 8 August 1980, a medical board recommended that you be placed
on six months of limited duty for episodic loss of consciousness,
and sporadic right temporal headaches.
not otherwise specified,
However on 11 August 1980 you were reported UA again and remained
absent until you surrendered on 28 March 1981.
You reported to the NNMC on 3 April 1981 for a reevaluation of
your limited duty status.
completely normal.
dizziness and right temporal headaches (benign cephalalgia).
You were
medical board recommended your return to full duty.
advised of the medical board's findings and requested return to
duty without any restrictions.
You were given final diagnoses of orthostatic
neurologic evaluation was
A detailed
The
On 16 April 1981, you received nonjudicial punishment (NJP) for
and 11 August 1980 to 28 March
being UA from 23-26 July 1980,
During the months of July and August 1981, you received
1981.
two more
absence from your appointed place of duty.
NJPs for two periods of UA totalling about 12 days and
You were advised of your
On 4 August 1981, you were notified that you were being
considered for discharge under other than honorable conditions by
reason of misconduct due to frequent involvement of a discredit-
able nature with military authorities.
procedural rights and elected to present your case to an
administrative discharge board (ADB).
agreed to waive an ADB provided you were recommended for a
general discharge.
the conditional waiver.
8 September 1981 with counsel.
The ADB found you had committed
misconduct due to frequent involvement and recommended discharge
under other than honorable conditions.
The commanding officer
concurred with the ADB findings and the Chief of Naval Personnel
directed discharge under other than honorable conditions by
reason of misconduct due to frequent involvement with military
authorities.
You were so discharged on 18 December 1981.
However, the convening authority disapproved
You appeared before an ADB on
Three days later, you
the Board carefully weighed
and the fact that it has been more
In its review of your application,
all potentially mitigating factors such as your youth and
immaturity, limited education,
than 17 years since you were discharged.
you enlisted under a name different from the one shown on your
application.
that at time of you service you were being treated for a head
trauma and this condition should have received more consideration
at the time of a summary court-martial.
There is no evidence in
available records that you were ever convicted by a summary
court-martial.
court-martial.
The Board also noted your contentions to the effect
You may have confused the ADB proceedings for a
The Board noted that
2
NJPs, one of which was for a UA which lasted for
The Board noted that this seven month UA
You have provided no evidence of any circumstances which
The Board concluded that the foregoing factors and contentions
were insufficient to warrant a recharacterization given your
record of three
more than seven months.
was during the time you were to be placed in a limited duty
status.
would have justified such a prolonged period of UA.
record clearly indicates you were being treated for a concussion
syncopal episodes, there is no evidence these conditions
and
rendered you incapable of distinguishing right from wrong, or
excused you of responsibility for your actions, or constituted
sufficient mitigation for your misconduct.
that the discharge was proper and no change is warranted.
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
The Board concluded
Although the
The names and
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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