DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
TJR
Docket No: 1232-01
30 November 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 27 November 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 reenlisted in the Navy on 12 December 1980
after eight years of prior honorable service.
reflects that you continued to serve without disciplinary
incident for two years and four months but on 27 April 1983 you
received nonjudicial punishment
unauthorized absence
suspended reduction to
On 14 February 1984 you received NJP for assault and battery and
were awarded a $200 forfeiture of pay and a suspended reduction
to
The punishment imposed was a
(NJP) for a 31 day period of
paygrade E-4 and a $200 forfeiture of pay.
paygrade E-4.
Your record
(UA).
The punishment imposed was a $480 forfeiture of pay,
Your record further reflects that on 5 April 1985 you received
NJP for an eight day period of UA,
place of duty, and two specifications of failure to obey a lawful
order.
restriction for 15 days, and reduction to
thereafter,
on 26 April 1985, you were convicted by special
court-martial (SPCM) of a 184 day period of UA.
You were
sentenced to reduction to
for 75 days, a $1,200 forfeiture of pay, and a bad conduct
paygrade E-l, confinement at hard labor
absence from your appointed
paygrade E-4.
Shortly
The BCD was approved at all levels of review
discharge (BCD).
and on 19 November 1985 you received the BCD.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your prior honorable service and your combat service in Vietnam.
The Board further considered your contention that your ability to
serve was impaired by your deprived background, racial
discrimination, and marital problems. However, the Board
concluded these factors and contention were not sufficient to
warrant recharacterization of your discharge or reinstatement to
paygrade E-5 because of the seriousness of your repetitive
misconduct, which resulted in three
conviction.
in support of your contention,
evidence.
concluded your discharge and reduction in
issued and no change is warranted.
has been denied.
and the record contains no such
Given all the circumstances of your case, the Board
The Board also noted that you submitted no evidence
NJPs and a court-martial
paygrade were proper as
Accordingly, your application
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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