DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No:
16 August 2001
1321-01
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.
The Board found you enlisted in the Navy on 15 October 1980 at
the age of 24.
Your record reflects that during the period from
9 April to 10 December 1981, you received nonjudicial punishment
(NJP) on three occasions for two periods of absence from your
appointed place of duty, disobedience, and possession of
marijuana.
Your record further reflects that on 7 January 1982 you received
NJP for three specifications of failure to obey a lawful order
and were awarded confinement on bread and water.
Subsequently,
you were notified of pending administrative separation action by
reason of misconduct due to frequent involvement of a
discreditable nature with military or civilian authorities.
After consulting with legal counsel you submitted a written in
which you requested discharge from the Navy, and asked that your
marital and financial problems be taken into consideration when
determining the characterization of your separation.
commanding officer recommended your request be granted and that
you be separated by reason of misconduct due to frequent
involvement of a discreditable nature with military or civilian
Your
On 21 January 1982 you were
authorities and drug abuse.
convicted by summary court-martial (SCM) of failure to go to your
appointed place of duty, possession of marijuana, and resisting
You were sentenced to confinement at hard labor for 30
arrest.
days.
Subsequently, on 7 March 1982, the discharge authority directed a
general discharge by reason of misconduct and on 15 March 1982
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.
factors were not sufficient to warrant recharacterization of your
discharge because of the seriousness of your repetitive
misconduct which resulted in four
conviction.
concluded your discharge was proper as issued and no change is
warranted.
Given all the circumstances of your case, the Board
However, the Board concluded these
NJPs and a court-martial
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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