DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR
Docket No: 1200-01
26 July 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 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.
Your record reflects that during the period from 18
The Board found you enlisted in the Navy on 5 January 1982 at the
age of 24.
March to 5 August 1982 you received nonjudicial punishment
(NJP)
on three occasions for two periods of absence from your appointed
place of duty, three specifications of insubordination, failure
to obey a lawful order, disobedience,
During the period from 3 February to 29 September 1983 you
duty.
received NJP on three more occasions for failure to obey a lawful
order, assault, five periods of absence from your appointed place
of duty, indecent exposure, and being out of uniform.
and incapacitation for
Your record also reflects that on 5 April and again on 12 June
1984 you received NJP for four periods of absence from your
appointed place of duty, missing ship's movement, disobedience,
and a six day period of unauthorized absence (UA).
thereafter, on 23 June 1984, you were notified of pending
administrative separation action by reason of misconduct due to a
pattern of misconduct.
with legal counsel, present your case to an administrative
discharge board, or to submit a statement in rebuttal to the
You then waived your rights to consult
Shortly
The punishment imposed was confinement on bread and water
On 17 July 1984 you received NJP for two periods of
discharge.
absence from your appointed place of duty and a nine day period
of UA.
On 7 August 1984
for three days and a $200 forfeiture of pay.
your commanding officer recommended you be issued an other than
honorable discharge by reason of misconduct due to a pattern of
misconduct.
Subsequently, the discharge authority directed an
other than honorable discharge by reason of misconduct due to a
pattern of misconduct and on 22 August 1984 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 your discharge
is unjust because it is unduly harsh and bars you from obtaining
any military benefits.
factors and contention were not sufficient to warrant
recharacterization of your discharge because of the serious
nature of your repetitive misconduct.
circumstances of your case,
was proper as issued and no change is warranted.
your application has been denied.
the Board concluded your discharge
Accordingly,
However, the Board concluded these
Given all the
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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