DEPARTMENTOFTHE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR
Docket No: 3184-01
20 November 2001
Dear
1pI‘
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 6 November 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 Naval Reserve on 14 September
1977 at the age of 18, and began a period of active duty on 27
September 1977.
21 January to 8 March 1978 you were in an unauthorized absence
(UA) status on two occasions for 40 days. However, the record
does not reflect what, if any, disciplinary action taken for
these offenses.
Your record reflects that during the period from
Your record further reflects that on 6 April 1982 you were
convicted by special court-martial (SPCM) of a 1,398 day period
of UA.
You were sentenced to confinement at hard labor for 75
days, forfeitures totalling $1,101,
and a bad conduct discharge (BCD).
approved at all levels of review,
the BCD.
reduction to
Subsequently, the BCD was
paygrade E-l,
and on 19 May 1983 you received
and your contention that your ability
However, the Board concluded these factors and
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity,
to served was impaired by a disability, specifically, a hearing
problem.
contention were not sufficient to warrant recharacterization of
your discharge because of your frequent and lengthy periods of
UA, which ultimately resulted in a court-martial conviction.
Board noted that you were diagnosed with a hearing problem in
February 1978 and recommended for a hearing aid.
However, you
went UA before this corrective action could be implemented, and
remained UA for nearly four years.
Given the circumstances of
your case, the Board concluded your discharge was proper as
issued and no change is warranted.
has been denied.
The
Accordingly, your application
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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