OF THE NAV Y
DEPARTMENT
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
ELP
Docket No. 2311-00
5 September 2000
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 30 August 2000.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
Board.
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 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 8 August 1972
The record reflects that you were
for three years at age 21.
advanced to AA (E-2) and served for more than seven months
However, during a 29-month period from March
without incident.
1'973 to August 1975 you received seven nonjudicial punishments
Your offenses consisted of six periods of unauthorized
(NJP) .
absence totalling about 40 days, three instances of failure to
three instances of failure to go to your
obey a lawful order,
appointed place of duty,
breaking apprehension and assault.
missing restricted
mens' muster,
On 5 August 1975 you were notified that administrative separation
processing was being initiated by reason of unfitness due to
frequent involvement of a discreditable nature with military
authorities.
elected to present you case to an administrative
However, on-8 August 1975, you agreed to
(==I.
officer recommended
provided that the commanding
You were advised of your procedural rights and‘
discharge board
waive an ADB
you for a
Thereafter, the commanding officer
general discharge.
recommended a general discharge by reason of unfitness. On
15 August 1975 you submitted a voluntary request for early return
to the civilian community in lieu of awaiting final action by the
Chief of Naval Personnel.
Your request was approved and you were
discharged on 22 August 1975.
directed a general discharge on 3 September 1975.
The Chief of Naval Personnel
The Board concluded that these factors were
In its review of your application the Board carefully weighed all
potentially mitigating factors such as your limited education and
the fact that it has been more than 25 years since you were
discharged.
insufficient to warrant recharacterization of your discharge
The Board believed that you
given your record of seven
were fortunate that the commanding officer agreed to a general
discharge since most individuals with records such as yours were
You have
discharged under other than honorable conditions.
provided neither probative evidence nor a convincing argument in
support of your application.
discharge was proper and no change is warranted. Accordingly,
your application has been denied. The names and votes of the
members of the panel will be furnished upon request.
The Board concluded that the
NJPs.
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
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