DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC
20370-5100
TJ-R
Docket No: 1282-01
16 August 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 14 August 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 on 20 January 1972 you
(NJP) for a 24 day period of
The Board found you enlisted in the Navy on 1 July 1971 at the
age of 17.
received nonjudicial punishment
unauthorized absence (UA) and were awarded correctional custody
for 21 days.
On 9 August 1972 you were convicted by special
(SPCM) of two periods of UA totalling 126 days and
court-martial
breaking restriction.
You were sentenced to confinement at hard
labor for 45 days, forfeitures totalling $450, and a bad conduct
discharge (BCD).
Subsequently, the BCD was approved at all
levels of review and on 7 March 1973 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,
good post service conduct, and your
contention that the BCD was excessively punitive because, while
in recruit training, the death of your father had a severe impact
on you.
letters and police reports.
However, the Board concluded these
factors were not sufficient to warrant recharacterization of your
discharge because of the seriousness of your repetitive and
The Board further considered your character reference
lengthy periods of UA.
Given the circumstances of your case, the
Board concluded your discharge was proper as issued and no change
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 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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