DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
TJR
Docket No: 3354-01
9 November 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 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 Navy on 22 April 1977 at the
age of 19.
Your record reflects that you served for nine months
without disciplinary incident,
January to 7 September 1978 you received nonjudicial punishment
(NJP) on four occasions for breach of peace, four periods of
absence from your appointed place of duty,
failure to obey a lawful order,
to go to your appointed place of duty, disobedience, and
dereliction in the performance of your duties.
seven specifications of failure
but during the period from 28
five specifications of
Your record further reflects that on 3 January 1980 you were
convicted by summa ry court-martial (SCM) of larceny and sentenced
to confinement at hard labor for 30 days.
received NJP for two specifications of wrongful possession of
identifications cards and larceny.
$200 forfeiture of pay and restriction and extra duty for 45
days.
You received NJP on 27 August 1980 for possession of
marijuana and were awarded a $440 forfeiture of pay and extra
duty and restriction for 45 days.
The punishment imposed was a
On 10 November 1980 you
On 23 June 1980 you
received your seventh NJP for a five day period of unauthorized
absence (UA) and failure to obey a lawful order.
imposed was restriction and extra duty for 45 days.
The punishment
Subsequently, on 7 April 1981, you were released from active duty
and transferred to the Naval Reserve under honorable conditions.
At the expiration of
At that time your conduct average was 2.71.
your obligated service, you were issued a general discharge.
Character of service was based, in part, on conduct and
performance averages which were computed from marks assigned
during periodic evaluations.
required at the time of your service for a fully honorable
characterization of service.
An average of 3.0 in conduct was
and your contentions that the charges
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity,
against you were unjust, and that you did not fully understand
However, the Board concluded
the outcome of your discharge.
these factors and contentions were not sufficient to warrant a
change in the characterization of your service because of your
repetitive misconduct, which resulted in seven
martial conviction, and since your conduct average was
insufficiently high to warrant an honorable discharge.
the circumstances of your case,
discharge was proper and no change is warranted.
your application has been denied.
the Board concluded your
NJPs and a
court-
Given all
Accordingly,
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
You are entitled to have the
favorable action cannot be taken.
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
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
apply,ing for a correction of an official naval
Sincerely,
W. DEAN PFEIFFER
Executive Director
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