DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
ELP
Docket No. 3711-01
28 September 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 Navy Records,
sitting in executive session,
26 September 2001.
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 injustice were
considered your application on
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Navy on 4 June 1980 for four years at age 17.
The record reflects that you were advanced to OSSN (E-3) and
served for 21 months without incident.
However, during the 16
month period from March 1982 to May 1983, you were convicted by a
special court-martial and a summary court-martial, and received a
nonjudicial punishment (NJP).
possession, introduction, and transfer of marijuana; a three hour
period of unauthorized absence (UA) and a 12 day period of UA;
and wrongful appropriation of government property.
period, you were also formally counseled for being late to
quarters, unsatisfactory appearance and uniforms, disrespect,
communicating a threat,
attempting to steal government property.
You were warned that
failure to take corrective action could result in administrative
separation.
"I want an administrative discharge,
get me out any way you
absence from appointed place of duty, and
Your offenses consisted of
During this
You responded
can."
On 27 July 1983 you were notified that an other than honorable
You were advised of your procedural
discharge was being considered by reason of misconduct due to a
pattern of misconduct.
rights, declined to consult with legal counsel, and waived the
right to present your case to an administrative discharge board
Thereafter, the commanding officer recommended discharge
(ADB).
under other than honorable conditions by reason of misconduct due
to a pattern of misconduct.
Personnel Command approved the recommendation and directed
discharge under other than honorable conditions.
discharged on 12 September 1983.
The Commander, Naval Military
You were so
The Board concluded that these factors
In its review of your application the Board carefully weighed all
potentially mitigating factors such as your youth and immaturity,
limited education, and the fact that it has been 18 years since
you were discharged.
were insufficient to warrant recharacterization of your discharge
given your record of an NJP and convictions by a summary
court-
martial and a special court-martial.
aggravating factor that you waived the right to an ADB, the one
opportunity you had to show why you should be retained or
discharged under honorable conditions.
probative evidence nor a persuasive argument in support of your
The Board concluded that the discharge was proper
application.
and no change is warranted.
Accordingly, your application has
been denied. The names and votes of the members of the panel will
be furnished upon request.
The Board noted the
You have provided neither
It is regretted that the circumstances of your case are such
that favorable action cannot be taken.
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.
You are entitled to have
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
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