DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
TJ-R
Docket No: 2989-01
19 October 2001
Dear
wIyc----
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 16 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
The Board found you enlisted in the Navy on 26 September 1974 at
the age of 17.
Your record reflects that on 18 April 1975 you
were convicted by civil authorities of speeding
sentenced to a $10 fine and court costs.
you received nonjudicial punishment
unauthorized absence
of duty.
(UA) and absence from your
The punishment imposed was extra duty
and were
On 21 May 1975
(NJP) for a day of
appointed place
for a week.
Your record also reflects that during the period from 4 June to
26 August 1975 you received NJP on three occasions for three
periods of absence from your appointed place of duty, dereliction
in the performance of your duties,
property, contempt, failure to obey a lawful order, and failure
to appear in your proper uniform.
On 14 September 1975 you
received a citation from civil authorities for not having a valid
drivers license, operating improper equipment, not having a
safety inspection, and improper display of tags.
1975 you submitted a written request for a general discharge.
However, this request was denied.
destruction of government
On 22 September
On 23 December 1975 you were convicted by special
(SPCM) of a three day period of UA, five specifications of
failure to go to your appointed place of duty, two specifications
of failure to obey a lawful order, disrespect, two specifications
of possession of marijuana,
two specifications of marijuana use,
wrongful appropriation of government property valued at $45, and
two specifications of making threats.
You were sentenced to a
$600 forfeiture of pay and a bad conduct discharge (BCD).
court-martial
Your record further reflects that on 31 March 1976 you received
NJP for absence from your appointed place of duty, failure to
obey a lawful order, and an 11 day period of UA.
impose was restriction and extra duty for 45 days and a $180
forfeiture of pay.
Subsequently, the BCD was approved at all
levels of review and on 7 September 1976 you received the BCD.
The punishment
and your contention that the BCD is
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity,
unjust because it prevents you from receiving treatment at a
veterans' hospital for your substance addiction.
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of your repetitive
misconduct, which resulted in five
conviction, and conviction by civil authorities.
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
NJPs, a court-martial
Given the
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
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
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