DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 8166-00
14 May 2001
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 1 May 2001. Your
allegations of error and 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.
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.
The Board found you enlisted in the Navy on 9 July 1976 at the age of 18.
Your record reflects that during the period from 18 March to 5 December
1977 you received nonjudicial punishment (NJP) on four occasions for
dereliction in the performance of your duties, two periods of absence from
your appointed place of duty, and two specifications of failure to obey a
lawful order.
Your record also reflects that on 20 January 1978 you received NJP for two
specifications of disobedience. The punishment awarded was correctional
custody for 30 days and a $100 forfeiture of pay. The record further
reflects that in March 1978 you received NJP for an unspecified offense.
On 27 January 1980 you were convicted by summary court-martial (SCM) of
three periods of unauthorized absence (UA) totalling 21 days and missing
the movement of your ship. You were sentenced to confinement at hard labor
for 30 days and reduction to paygrade E-2. On 20 August 1980 you began a
151 day period of UA
that was not terminated until 13 January 1981. The record does not reflect
the disciplinary action taken, if any, for this period of UA.
On 21 April 1981 you were released from active duty under honorable
conditions and transferred to the Naval Reserve. At that time your conduct
average was 2.64. On 20 September 1982, at the expiration of your military
obligation, you were issued a general discharge certificate.
At the time of your separation character of service was based, in part, on
conduct and overall trait averages which were computed from marks assigned
during periodic evaluations. An average of 3.0 in conduct was
required at the time of your service for a fully honorable characterization
of service.
The Board, in its review of your entire record and application, carefully
weighed all potentially mitigating factors, such as your youth and
immaturity and your contention that your discharge should be upgraded
because you are a disabled veteran. However, the Board concluded these
factors and contention were not sufficient to warrant a change in the
characterization of your service because of your frequent misconduct, which
resulted in six disciplinary actions, and since your conduct average was
insufficiently high to warrant an honorable discharge. Given all the
circumstances of your case, the Board concluded your 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.
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
2
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