DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR
Docket No: 3450-01
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 4 January 1980 at the
Your record reflects that on 5 October 1981 you were
age of 19.
convicted by summary court-martial (SCM) of a 142 day period of
unauthorized absence (UA) and were sentenced to confinement at
hard labor for 30 days and a $100 forfeiture of pay.
December 1982 you received nonjudicial punishment (NJP) for
absence from your appointed place of duty and were awarded
confinement on bread and water for three days.
On 16
Your record further reflects that on 7 February 1983 you were
convicted by special court-martial (SPCM) of two periods of UA
totalling 85 days and were sentenced to confinement at hard labor
for three months, reduction to
forfeiture of pay.
SPCM of two periods of UA totalling 33 days.
to reduction to
Subsequently, the BCD was approved at all levels of review and on
5 February 1986 you received the BCD.
paygrade E-l and a bad conduct discharge (BCD).
You were sentenced
On 27 July 1983 you were again convicted by
paygrade E-2, and a $1,500
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity,
of UA do not justify a BCD.
factors and contention were not sufficient to warrant
recharacterization of your discharge because of your frequent and
lengthy periods of UA, which resulted in three court-martial
Given the circumstances of your case, the Board
convictions.
concluded your discharge was proper as issued and no change is
warranted.
and your contention that the periods
However, the Board concluded these
Accordingly, your application has been denied.
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 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
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