DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
X
2 NAVY ANNE
S
WASHINGTON DC 20370-510
0
TJR
Docket No: 3068-01
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.
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, and applicable statutes, regulations, and policies.
The
Board was unable to obtain your service record and conducted its
review based on the decisional document prepared by the Naval
Discharge Review Board.
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 Naval Reserve on 24 February
1978 at the age of 17.
Your record reflects that you served for
a year and nine months without disciplinary infraction but on 21
November 1979 you received nonjudicial punishment (NJP) for
failure to obey a lawful order and were awarded a $100 forfeiture
of pay.
Your record further reflects that during the period from 22
January to 5 September 1980 you received NJP on three occasions
for four periods of unauthorized absence (UA) totalling 19 days
and failure to obey a lawful order.
From 6 January to 19 May
1981 you received NJP on three more occasions for disobedience,
two specifications of failure to obey a lawful order, and
possession of marijuana.
On 21 May 1981 you were notified of pending administrative
separation action by reason of misconduct due to frequent
involvement of a discreditable nature with civil and/or military
authorities.
After consulting with legal counsel you elected to
present your case to an administrative discharge board
10 July 1981 an ADB recommended you be issued an other than
honorable discharge by reason of misconduct due to frequent
involvement of a discreditable nature with civil and/or military
authorities.
court-martial (SCM) of absence from your appointed place of duty
and failure to obey a lawful order.
forfeiture of pay and restriction for 30 days.
discharge authority directed an other than honorable discharge by
reason of misconduct, and on 23 July 1981 you were so discharged.
On 14 July 1981, you were convicted by summary
(ADB). On
You were sentenced to a
Subsequently, the
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity and your good post service conduct.
However, the Board concluded these factors were not sufficient to
warrant recharacterization of your discharge because of the
serious nature of your repetitive misconduct.
circumstances of your case,
was proper as issued and no change is warranted.
your application has been denied.
the Board concluded your discharge
Accordingly,
Given all 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
2
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