DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF
NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
TJR
Docket No: 1394-01
24 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 22 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 you served for a nearly a
The Board found you enlisted in the Navy on 27 August 1979 at the
age of 18.
year without disciplinary incident but on 8 August 1980 you
received nonjudicial punishment (NJP) for a seven day period of
unauthorized absence (UA) and were awarded a $253 forfeiture of
On 22 March 1981 and again on 9
pay and a reduction in rate.
October 1982 you received NJP for failure to go to your appointed
place of duty, disrespect, drunk and disorderly conduct, and
breaking restriction.
Your record further reflects that on' 12 June 1983 you were
convicted by summary court-martial (SCM) of three periods of UA
totalling 38 days.
You were sentenced to a $100 forfeiture of
pay, confinement at hard labor for 15 days, and hard labor,
without confinement, for 15 days.
On 28 June 1983 you were notified of pending administrative
separation action by reason of misconduct due to a pattern of
misconduct and commission of a serious offense.
with legal counsel you elected to submit a statement in rebuttal
After consulting
On 16 July 1983, despite your statement, your
to the separation.
commanding officer recommended you be issued an other than
honorable discharge by reason of misconduct.
the discharge authority directed an other than honorable
discharge by reason of misconduct due to a pattern of misconduct
and frequent involvement of a discreditable nature
military authorities.
On 9 August 1983 you were so discharged.
On 4 August 1983
with civil or
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity, personal problems, and your contention
that your discharge was unjust.
these factors and contention were not sufficient to warrant
recharacterization of your discharge because of the serious
nature of your repetitive misconduct which resulted in four
disciplinary incidents.
case, the Board concluded your discharge was proper as issued and
no change is warranted.
denied.
Accordingly, your application has been
Given all the circumstances of your
However, the Board concluded
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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