DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR
Docket No: 3032-01
26 October 2001
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 23 October 2001.
Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
your application,
thereof,
Board was unable to obtain your service record and conducted its
review based on the decisional document prepared by the Naval
Discharge Review Board.
Documentary material considered by the Board consisted of
together with all material submitted in support
and applicable statutes, regulations, and policies.
The
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.
Your record
The Board found you reenlisted in the Navy on 10 January 1983
after three years of prior honorable service.
reflects that you continued to serve for a year and ten months
without disciplinary infraction but on 7 November 1984 you
received nonjudicial punishment (NJP) for absence from your
appointed place of duty and dereliction in the performance of
your duties, and were awarded a reduction in rate.
November 1984 you received NJP for absence from your appointed
place of duty and were awarded extra duty for 45 days.
You
received your third NJP on 18 December 1984 for absence from your
appointed place of duty, missing the movement of your ship, and
loss of government property.
restriction for 45 days, extra duty for 30 days, and a reduction
in rate.
The punishment imposed was
On 30
Your record further reflects that on 28 February 1985 you were
convicted by civil authorities of assault with a deadly weapon,
possession of stolen property, and use of a firearm while
committing a felony.
You were sentenced to nine months in jail.
Subsequently, on 12 April 1985, you were notified of pending
administrative separation action by reason of misconduct due to
commission of a serious offense and civil conviction.
At that
time you waived your rights to consult with legal counsel and to
present your case to an administrative discharge board.
On 29
July 1985 your commanding officer recommended an other than
honorable discharge by reason of misconduct.
discharge authority approved the foregoing recommendation and
directed an other than honorable discharge by reason of
misconduct due to conviction by civil authorities, and on 24 May
1985 you were so discharged.
On 3 May 1985 the
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your prior honorable service.
The Board also considered the
State of California court order dated October 7, 1997, which set
aside an unspecified civil conviction.
concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the serious
nature of your misconduct which resulted in three
conviction by civil authorities.
1997 clearly was taken as a matter of clemency, and does not mean
that you were innocent of the charges of which you were
convicted.
concluded your discharge was proper as issued and no change is
warranted.
Given all the circumstances of your case, the Board
Accordingly, your application has been denied.
However, the Board
Further, the court action of
NJPs and a
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
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.
regard,.it is important to keep in mind that a
Sincerely,
W. DEAN PFEIFFER
Executive Director
NAVY | BCNR | CY2002 | 04644-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 November 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. The punishment imposed was reduction Your record further shows that you received NJP on 14 February 1985 for wrongful use of marijuana. forfeitures of $310 per month for two months, 45 days of restriction and extra...
NAVY | BCNR | CY2006 | 08619-06
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 July 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. On 2 November 1985 the discharge authority approved this recommendation and directed a other than honorable discharge by reason of misconduct, and...
NAVY | BCNR | CY2005 | 07456-05
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 May 2006. 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 15 April 1986 the discharge authority approved this recommendation and directed an other than honorable discharge by reason of misconduct.
NAVY | BCNR | CY2006 | 02455-06
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.After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficientto establish the existence of probable material error or injustice.You enlisted in the Marine Corps on 30 January 1984 at age 18. About three months later, on 19...
NAVY | BCNR | CY2001 | 02989-01
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. Consequently,...
NAVY | BCNR | CY2002 | 09615-02
A three-member panel of the Board for Correction df Naval Records, sitting in executive session, considered your application on 30 April 2003. The punishment imposed was forfeitures of $275 per month for two months and 45 days of restriction and extra duty On 22 April 1982 you were counseled concerning your past performance and warned that further misconduct could result in processing for a less than honorable discharge. Consequently, when applying for a correction of an official naval...
NAVY | DRB | 2002_Navy | ND02-01125
Documentation In addition to the service record, the following additional documentation, submitted by the Applicant, was considered:Applicant's DD Form 214 (Member 1 and 4) PART II - SUMMARY OF SERVICE Prior Service (component, dates of service, type of discharge): Inactive: USNR (DEP) 990424 - 990527 COG Active: None Period of Service Under Review :Date of Enlistment: 990528 Date of Discharge: 011105 Length of Service (years, months, days):Active: 02 05 08 Inactive: None 011028: Applicant...
NAVY | BCNR | CY2001 | 04449-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 November 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 record further reflects that on 4 February 1986 you were convicted by summary court-martial (SCM) of absence from your appointed place of duty, breaking...
NAVY | BCNR | CY2006 | 01178-07
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.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.You reenlisted in the Navy on 30 March 1982 after nearly five years of honorable service. On 4...
NAVY | BCNR | CY2007 | 04616-07
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.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.You enlisted in the Navy on 8 September 1982 at age 23 and served without disciplinary incident until...