DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF
NA\‘AL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
CRS
Docket No: 2548-00
11 June 2001
._
Your allegations of error and
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 30 May 2001.
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.
After careful and conscientious
consid.eration of the entire
record, the Board found that the
evide:nce submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Navy on 13 October 1976
A special court-martial convened on 28 June 1978 and
at age 19.
you were found guilty of unauthorized absences totalling seven
days, absence from your appointed place of duty on 15 occasions,
and willful disobedience of a lawful order on two occasions.
court sentenced you to confinement at hard labor for two months.
on 12 July 1978, found that
A psychiatric evaluation, conducted
you had a personality disorder and
rec:ommended your separation.
Subsequently, on 7 November 1978 you received nonjudicial
punishment (NJP) for unauthorized absences totalling 26 days.
The punishment imposed consisted of a forfeiture of $243,
restriction for
While your record does not contain the separation processing
documents, it appears that the commanding officer recommended
that you be separated with a general discharge by reason of
The
unsuitability due to a diagnosed personality disorder.
record clearly shows that you were discharged on 8 November 1978
30 days, and reduction in rate.
The
.
The Board found that no change to the sentence should
However, you have
with a general discharge by reason of unsuitability due to a
personality disorder.
Concerning your request for removal of the special court-martial,
re.viewing the findings of a
the Board is prohibited by law from
court-martial and must restrict its
re:view to determine if the
sentence of the court-martial should be reduced as a matter of
clemency.
be made.
Concerning your request for the removal of the 7 November 1978
NJP, the Board noted your contentions.
submitted no evidence, and the record contains none, to support
In the absence
the contention that your NJP should be removed.
of such evidence, the Board presumed that your commanding officer
Accordingly,
did not abuse his discretion in imposing the NJP.
the Board concluded that your NJP was not unjust.
Your Privacy Act requests concerning changes to your medical
record should be addressed to the Bureau of Medicine and Surgery,
2300 E Street, N.W., Washington, D.C., 20372-5300.
Accordingly, your application has been denied.
votes of the members of the panel will. be furnished upon request.
It is regretted that the circumstance:; of your case are such that
favorable action cannot be taken.
Board reconsider its decision upon submission of new and material
evidence or other matter not
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.
You are entitled to have the
previous1.y considered by the Board.
The names and
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
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