DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 203704100
TJR
Docket No: 7199-98
26 March 1999
Dear
_
._
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 23 March 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
Your record reflects that you served for nearly a
The Board found you enlisted in the Navy on 18 August 1976 at the
age of 18.
year without incident but on 11 July 1977 you received
nonjudicial punishment (NJP) for failure to obey a lawful order.
The punishment imposed was reduction to
forfeitures totalling $200.
for three incidents of absence from your appointed place of duty
and disrespect.
days and forfeiture of a month's pay.
The punishment imposed was restriction for 30
On 23 November 1977 you received NJP
paygrade E-3 and
Your record further reflects that during the period from 20
December 1977 to 20 September 1979 you were in an authorized
absence (UA) status on two occasions for 274 days. During this
period you were also declared a deserter.
25 November 1979, you began a four day period of UA that was not
terminated until 29 November 1979.
received NJP for possession of marijuana.
was forfeiture of two month's pay,
45 days, and reduction to
began a 265 day period of UA that was not terminated until 17
The punishment imposed
extra duty and restriction for
On 26 December 1979 you
Shortly thereafter, on
On 9 December 1979 you
paygrade E-2.
September 1980.
deserter.
During this period you were also declared a
Your record also reflects that from 19 to 26 March 1981 you were
in a UA status on two occasions for a total of five days.
Shortly thereafter, on 10 April 1981, you were convicted by
special court-martial (SPCM) of possession of marijuana and
You were
wrongful introduction of marijuana aboard your ship.
sentenced to confinement at hard labor for two months, reduction
to
was suspended for six months.
period of UA that was not terminated until 23 June 1981.
The confinement
On 8 June 1981 you began a 15 day
paygrade E-l and forfeitures totalling $500.
Subsequently, on 23 July 1981, you were notified of pending
administrative separation action by reason of convenience of the
government.
At this time you waived your rights to consult with
legal counsel or to present your case to an administrative
discharge board.
general discharge.
On 12 August 1981 you were so separated with a
Character of service is based, in part, on conduct and overall
trait averages which are computed from marks assigned during
periodic evaluations.
An average
of 3.0 in conduct was required at the time of your separation for
a fully honorable characterization of service.
Your conduct average was 2.4.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity, post service conduct, inaptitude, drug
use, and your contention that would like your discharge upgraded
to honorable.
The Board further considered your contention that
your ability to serve was impaired by your personal, medical, and
physical problems.
character reference you submitted.
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your frequent
misconduct, especially the lengthy periods of UA, which resulted
in three
noted your failure to attain the required average mark in
conduct.
concluded your discharge was proper as issued and no change is
warranted.
Given all the circumstances in your case the Board
Accordingly, your application has been denied.
The Board also considered the letter of
However, the Board concluded
NJPs and a court-martial conviction.
The Board also
The names and votes of the members of the panel will be furnished
upon request.
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
2
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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