DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR
Docket No: 1160-01
26 July 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 17 July 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
The Board found you enlisted in the Navy on 12 April 1982 at the
age of 20.
received nonjudicial punishment (NJP) for disobedience and
disrespect.
and restriction and extra duty for 14 days.
The punishment imposed was a $120 forfeiture of pay
Your record reflects that on 17 August 1982 you
Your record further reflects that on 6 January and again on 17
February 1983 you received NJP for misbehavior as sentinel, a
five day period of unauthorized absence (UA), assault,
disobedience, and two specifications of disrespect.
On 9 March 1983 you were notified of pending administrative
separation action by reason of misconduct due to minor
disciplinary infractions.
You then waived your rights to
consult with legal counsel,
present your case to an
administrative discharge board, or to submit a statement in
rebuttal to the discharge.
On 1 April 1983 your commanding
officer recommended you be issued an other than honorable
discharge by reason of misconduct due to minor infractions.
Subsequently, the discharge authority directed an other than
honorable discharge by reason of misconduct and on 17 March 1983
you were so discharged.
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 because of
your discharge you can not obtain government employment.
However, the Board concluded these factors and contention were
not sufficient to warrant recharacterization of your discharge
because of your repetitive misconduct.
received three
a year of active service.
case, the Board concluded your discharge was proper as issued and
no change is warranted.
denied.
The Board noted that you
NJPs for eight separate offenses during less than
Given all the circumstances of your
Accordingly, your application has been
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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