DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC
20370-5100
TJR
Docket No: 3764-01
9 November 2001
Dear
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 April 1980 at the
age of 17.
Your record reflects that you served for a year and
seven months without disciplinary incident but on 18 November
1981 you received nonjudicial punishment
to your appointed place of duty and were awarded restriction for
20 days, a part of which was suspended.
(NJP) for failure to go
On 12 February 1982 you were convicted by summa ry court-martial
(SCM) of three periods of absence from your appointed place of
duty, a day of unauthorized absence (UA),
three specifications of
disobedience, and dereliction in the performance of your duties.
You were sentenced to reduction to
'forfeiture of pay, and confinement at hard labor for 30 days. On
25 October 1982 you received NJP for absence from your appointed
place of duty and were awarded restriction and a reduction in
paygrade.
paygrade E-2, a $428
reduction to
Shortly thereafter, on 24 March 1983,
Your record further reflects that on 18 March 1983 you received
NJP for absence from your appointed place of duty and were
awarded a $642 forfeiture of pay,
extra duty for 45 days.
you were arrested by civil authorities for driving while
intoxicated and obstructing justice,
April 1983.
general discharge by reason of misconduct due to a pattern of
misconduct. On 20 May 1983 you were convicted by special
martial (SPCM) of three periods of UA totalling 48 days and
breaking restriction. You were sentenced to confinement at hard
labor for a month, a $382 forfeiture of pay, reduction to
paygrade E-l, and a bad conduct discharge (BCD).
the forfeitures and the BCD were suspended for a year.
During this period you were also recommended for a
A portion of
court-
paygrade E-l, and
and held in custody until 16
On 21 July 1983, after an unspecified period of UA, your urine
tested positive for marijuana.
NJP for-absence from
a& were
awarded restriction and extra duty for 45 days, all of which
suspended for six months.
you& appointed place of duty
On 25 October 1983 vou received
was
On 15 November 1983 the BCD was to be executed,
Subsequently, the suspension of the forfeitures and BCD were
vacated.
however, because you were again in a UA status, the BCD could not
be delivered.
were issued a Certificate of Release or Discharge from Active
Duty (DD Form 214) which indicated you received a BCD on 15
November 1983.
The record reflects that on 19 December 1983 you
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors., such as
your youth and immaturity,
and the length and quality of your
service.
The Board also considered your contentions that your
ability to serve was impaired by your alcohol abuse, and that
although your discharge was based on many offenses, they were
mostly minor in nature.
The Board also considered the
certificate of completion form a rehabilitation program.
However, the Board concluded these factors and contentions were
not sufficient to warrant recharacterization of your discharge
because of your repetitive misconduct, drug usage, and multiple
periods of UA, which resulted in four
convictions.
continued even after you were recommended for a general discharge
and the BCD had been suspended for a year, thus giving you an
opportunity to receive a better discharge.
circumstances of your case,
was proper as issued and no change
your application has been denied.
the Board concluded your discharge
Accordingly,
Further, the Board noted that your misconduct
NJPs and two court-martial
Given all the
is warranted.
The names and votes of the members
upon request.
of the panel will be furnished
2
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
3
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