DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
ELP
Docket No. 1765-01
20 July 2001
Dear
.
This is in reference to your application for correction of your
naval
States Code, Section 1552.
recol)d pursuant to the provisions of Title 10, United
Your allegations of error and injustice were
A three-member panel of the Board for Correction of Navy Records,
sitting in executive session,
18 July 2001.
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.
considered your application on
-
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Navy on 2 February 1983
for four years at age 17.
advanced to QMSN (E-3) and served for 12 months without incident.
However, during the 13 month period from February 1984 to March
1985 you received a nonjudicial punishment (NJP) and were
convicted by a special court-martial.
participating in fight, assault,
unauthorized absence
Your offenses consisted of
153-day period of
The record reflects that you were
(UA).
and a
91-day period of UA, From 7 October 1985 to
On 11 February 1986 you were convicted by a second special
court-martial of a
6 January 1986.
You were sentenced to confinement at hard labor
for 75 days, forfeitures of $426 per month for two months, and a
bad conduct discharge.
The record reflects that you were
released from confinement on 19 March 1986 and subsequently
placed on appellate leave.
discharge on 2 February 1988.
You received the bad conduct
In its review of your application the Board carefully weighed all
potentially mitigating factors such as your youth and immaturity
and the fact that it has been more than 13 years since you were
The Board concluded that the foregoing factors were
discharged.
insufficient to warrant recharacterization given your record of
Your
an NJP and two special court-martial convictions.
conviction and discharge were effected in accordance with
applicable law and regulations,
characterizes your service.
evidence nor a convincing argument in support of your
application.
and no change is warranted.
been denied. The names and votes of the members of the panel will
be furnished upon request.
The Board concluded that the discharge was proper
Accordingly, your application has
and the discharge appropriately
You have provided neither probative
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
2
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