DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No:
15 April 1999
6886-97
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 14 April 1999.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
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.
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 Navy on 20 August 1979
at age 17.
Prior to the offense for which you received the bad
conduct discharge, you received two nonjudicial punishments
(NJP).
and possession of marijuana.
The offenses included an unauthorized absence of 19 days
A special court-martial convened on 6 May 1983 and found you
The court
guilty of an unauthorized absence of 246 days.
sentenced you to confinement at hard labor for three months,
forfeitures of $350 per month for three months, reduction in
rate, and a bad conduct discharge.
discharge on 5 April 1984.
You received the bad conduct
In its review of your application the Board carefully weighed all
potentially mitigating factors,
immaturity.
not sufficient to warrant recharacterization of your discharge
due to the fact that your unauthorized /absences
totalled more
than eight months, and because of the prior NJP for drug use.
However, the Board concluded that these factors were
such as your youth and
Based on the foregoing, the Board concluded that no change to the
discharge is warranted.
denied.
furnished upon request.
Accordingly, your application has been
The names and votes of the members of the panel will be
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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