DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS
Y
2
NAW ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 2125-00
20 September 2000
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 6 September 2000.
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 10 January 1974 at
the age of 19.
received nonjudicial punishment (NJP) for a 31 day period of
unauthorized absence (UA).
forfeitures totalling $150 and restriction and extra duty for 45
days.
Your record reflects that on 12 December 1974 you
The punishment imposed was
Shortly thereafter, on 18 February 1975, you were
Your record further reflects that on 17 January 1975 you were
convicted by civil authorities of possession of marijuana and
fined $125.
convicted by special court-martial (SPCM) of absence from your
appointed place of duty, a two day period of UA, and two
specifications of disobedience.
to
$458 forfeiture of pay.
failure to go to your appointed place of duty and absence from
your appointed place of duty.
forfeiture of pay, correctional custody for five days, and
restriction for 20 days.
You were sentenced to reduction
paygrade E-l, confinement at hard labor for two months, and a
On 9 July 1975 you received NJP for
The punishment imposed was a $150
Subsequently, you were notified of pending administrative
separation action by reason of unfitness due to frequent
involvement of a discreditable nature with-military and civilian
After consulting with legal authorities, you chose
authorities.
to waive you right to submit a statement in rebuttal to the
discharge.
your commanding officer to issue you a general discharge by
reason of unfitness.
On 8 August 1975 the discharge authority directed
On 12 August 1975 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,
and your request to upgrade your
discharge to fully honorable.
factors were not sufficient to warrant recharacterization of your
misconduct,in
discharge given the seriousness of your frequent
both the military and civilian communities.
circumstances of your case,
was proper as issued and no change is warranted.
your application has been denied.
the Board concluded your discharge
Accordingly,
However, the Board concluded these
Given all the
Further, Board regulations state that personal appearances before
the Board are not granted as a right,
determines that such an appearance will serve some useful
purpose.
the Board determined that a personal
appearance was not necessary and considered your case based on
the evidence of record.
but only when the Board
In your case,
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
You are entitled to have the
favorable action cannot be taken.
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
NAVY | BCNR | CY2007 | 11117-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 November 2008. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | BCNR | CY2001 | 02231-00
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 September 2000. 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 and applicable statutes, regulations, thereof, your naval record, and policies. Given all the...
NAVY | BCNR | CY2002 | 05149-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 January 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Your record also reflects that on 9 December 1974 you submitted a written request for an undesirable discharge in order to avoid trial by court-martial for two periods of UA totalling four days, absence from your...
NAVY | BCNR | CY2001 | 01532-00
an ADB recommended you be issued an other than honorable discharge by reason of misconduct. discharged. 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.
NAVY | BCNR | CY2002 | 08125-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 May 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. On 12 April 1973 you received NJP for two periods of absence from your appointed place of duty, disobedience, and a five day period of UA. November 1976, you submitted a written request for an undesirable discharge in order...
NAVY | BCNR | CY2006 | 06887-06
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 March 2007. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2007 | 09388-07
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. Subsequently, 2 September 1975, an ADB recommended discharge under honorable conditions by reason of unfitness due to frequent involvement of a discreditable nature with military authorities. Consequently, when applying for a correction of an official naval record, the burden is on the...
NAVY | BCNR | CY2009 | 09930-09
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. On 6 July 1973, you received NUP for being UA for a period of 15 days. Your case was heard by an administrative discharge board (ADB), which voted two to one in favor of an other than honorable discharge.
NAVY | BCNR | CY2010 | 03451-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 February 2011. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2007 | 09060-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 November 2008. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material...