DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
CRS
Docket No:
18 October
2849-01
2001
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 3 October 2001.
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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The record reflects that you received five
The Board found that you enlisted in the Navy on 3 February 1976
at age 24.
nonjudicial punishments and were convicted by a summary
court-
martial.
The offenses included unauthorized absences totalling
about 25 days, wearing an unauthorized uniform, recording false
log entries, failure to obey a lawful order, losing military
property, absence from your appointed place of duty on two
occasions, and violation of a lawful general regulation.
A special court-martial convened on 11 March 1981 and found you
guilty of theft of a wallet containing $200 and assault.
The
court sentenced you to confinement at hard labor for 30 days, a
fine of $2004, a reduction in pay grade, and a bad conduct
discharge.
punishments.
totalling five days, being in an unauthorized area, and breaking
restriction.
December 1982.
Subsequently, you received three more nonjudicial
The offenses included unauthorized absences
You received the bad conduct discharge on 22
However, the Board concluded that these factors were
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and
immaturity.
not sufficient to warrant recharacterization of your discharge
due to the seriousness of stealing personal property and the fact
that you were the subject of ten disciplinary actions.
Based on
the foregoing, the Board concluded that no change to the
discharge is warranted.
denied.
furnished upon request.
Accordingly, your application has been
The names and votes of the members of the panel will be
It is regretted that the circumstances of your case are
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.
su_ch that
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
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