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NAVY | BCNR | CY2001 | 01759-01
Original file (01759-01.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORD

Y

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

ELP
Docket No. 1759-01
20 July 2001

Dear

This is in reference to your application for correction of your
naval record pursuant  
States Code, Section 1552.

,to the provisions of Title 10, United

Your allegations of error and injustice were reviewed

A three-member panel of the Board for Correction of Navy Records,
sitting in executive session,
considered your application on 18
July 2001.
in accordance with administrative regulations and procedures
applicable to the proceedings of this Board.
material considered by the Board consisted of your application,
together with all material submitted in support thereof, your
naval record and applicable statutes,

Documentary

regulations and policies.

gnd conscientious consideration of the entire

After careful  
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.

The record reflects that you were advanced to SA (E-2) and
However, during

You enlisted in the Navy on 30 January 1980 for four years at age
19.
served for nearly 13   months without incident.
the 15-month period from February 1981 to May 1982, you received
seven nonjudicial punishments (NJP) and were convicted by a
summary court-martial.
instances of disobedience and disrespect, three instances of
possession of marijuana, possession of LSD, a 24-day period of
unauthorized absence, breaking restriction, and assault,

Your offenses consisted of three

On 3 September 1982 you were notified that action to discharge
you under other than honorable conditions was being initiated by
reason of misconduct due to frequent discreditable involvement.
You were advised of your procedural rights, declined to consult
with legal counsel, and waived the right to present your case to
Thereafter, the commanding
an administrative discharge board.
officer recommended discharge under other than honorable
conditions by reason of misconduct due to frequent involvement.

Tht? recommendation was approved by the Chief of Naval Personnel
and you were so discharged on 8 October 1982.

In its review of your application the Board carefully weighed
all potentially mitigating factors such as your youth and
immaturity, limited education, need for veterans medical
benefits, and the fact that it has been more than 20 years
The Board concluded that these
since you were discharged.
factors were insufficient to warrant recharacterization of your
court-
discharge given your record of seven  
martial conviction.
The Board noted the aggravating factor that
you waived an ADB,
should be retained or discharged under honorable conditions.
You have provided neither probative evidence nor a persuasive
argument in support of your application.
that you were guilty of too much misconduct to warrant
recharacterization to honorable or under honorable conditions.
The Board thus concluded the discharge was proper and no change
is warranted.
names and votes of the members of the panel will be furnished
upon request.

the one opportunity you had to show why you

Accordingly, your application has been denied. The

NJPs and a summary 

The Board concluded

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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