DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 3084-01
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.
papel of the Board for Correction of Naval
A three-member
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, 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.
Your record reflects that on 17 December
(NJP) for possession of
The Board found you enlisted in the Naval Reserve on 30 April
1979 at the age of 20.
1979 you received nonjudicial punishment
marijuana and attempting to defraud the government.
punishment imposed was a $224 forfeiture of pay.
On 5 November 1980 and again on 16 and 18 February 1981 you were
in an unauthorized absence (UA) status for three days.
the record does not reflect what, if any, disciplinary action
taken for this offense.
However,
The
Your record further reflects that on 25 February 1981 you were
convicted by special court-martial (SPCM) of a 206 day period of
UA.
You were sentenced to confinement at hard labor for 45 days,
forfeitures totalling $500, and a bad conduct discharge (BCD).
Subsequently, the BCD was approved at all levels of review and on
4 February 1982 you received the BCD.
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 contention that you were told
that your discharge would be automatically upgraded five years
after your separation.
factors and contention were not sufficient to warrant
recharacterization of your discharge because of your drug usage
and lengthy period of UA, which resulted in NJP and a
martial conviction.
to the passage of time.
Given the circumstances of your case,
the Board concluded your discharge was proper as issued and no
change is warranted.
denied.
Further, no discharge is upgraded due solely
Accordingly, your application has been
However, the Board concluded these
court-
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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