DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 722-
01
4 June 2001
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 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 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 10 June 1980 at
age 17. The record reflects that you received three nonjudicial
punishments and were convicted by a special court—martial. The
offenses included unauthorized absences totalling 138 days, use
and possession of marijuana, and absence from your appointed
place of duty on four occasions.
On is September 1984 the commanding officer recommended that you
be separated with an other than honorable discharge by reason of
misconduct due to a pattern of misconduct, commission of a
serious offense, and drug abuse. When informed of the
recommendation, you elected to waive your right to present your
case to an administrative discharge board. After review by the
discharge authority, the recommendation for separation was
approved and you were discharged with an other than honorable
discharge by reason of misconduct on 2 November 1984.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and immaturity
and family problems. However, the Board concluded that these factors were
not sufficient to warrant recharacterization of your discharge, given your
record of frequent involvement with military authorities. The Board
especially noted the fact that you were the subject of four disciplinary
actions within a period of less than five years, and had unauthorized
absences totalling more than four months and drug—related misconduct. Based
on the foregoing, the Board concluded that no change to the discharge 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 f or 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
Copy to: The American Legion
2
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