DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
JRE
Docket No: 101-01
23 October 2001
This is in reference to your application for correction of your naval record pursuant to the
provisions of title 10 of the 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 12 October 2001.
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 Navy on 17 January 1983. You received
nonjudicial punishment on three occasions for absence offenses, and were discharged on 25
April 1985, with a bad conduct discharge, after being convicted by special court-martial of
an extended absence without authority. Although you were diagnosed as suffering from an
immature personality disorder prior to your discharge, there is no indication in the available
records that you suffered from a major mental disorder during your enlistment, or at the
present time.
In the absence of evidence which demonstrates that your bad conduct discharge is erroneous
or unjust, and which establishes that you were unfit by reason of physical disability which
was incurred in or aggravated by your service, the Board was unable to recommend that you
record be corrected to show that you were separated or retired by reason of physical
disability. It concluded that your service was appropriately characterized with a bad conduct
discharge, given your repeated acts of misconduct, and the absence of significant mitigating
factors.
It appears that the you spent the majority of your career either absent without
authority, in confinement, or awaiting execution of your bad conduct discharge, and that you
performed limited useful service to the Navy. 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
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