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NAVY | BCNR | CY2001 | 03835-01
Original file (03835-01.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

TJR
Docket No: 3835-01
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
Documentary material considered by the Board consisted of
Board.
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 21 November 1980 at
the age of 18.
year without disciplinary incident but on 21 August 1981 you
received nonjudicial punishment (NJP) for absence from your
appointed place of duty.
forfeiture of pay,
and extra duty for seven days.

half of which was suspended for six months,

Your record reflects that you served for nearly a

The punishment imposed was a $100

Your record further reflects that on 26 April 1982 you were
convicted by special court-martial (SPCM) of a 148 day period of
unauthorized absence (UA) and missing the movement of your ship.
You were sentenced to reduction to  
forfeiture of pay, and confinement at hard labor for five months.
On 16 November 1982 you were convicted by summary court-martial
(SCM) of a 15 day period of UA, absence from your appointed place

paygrade  E-l, a $500

of duty, missing the movement of your ship, and failure to obey a
lawful order.
for 15 days and a $150 forfeiture of pay.

You were sentenced to confinement at hard labor

On 7 February 1984 you received NJP for absence from your
appointed place of duty and were awarded a $100 forfeiture of pay
and confinement on bread and water for three days, which was
suspended.
due to your continued misconduct.
convicted by SCM of a 72 day period of UA and missing the
movement of your ship.
paygrade  E-l and confinement at hard labor for 30 days.

However, on 9 May 1984, this suspension was vacated

You were sentenced to reduction to

On 15 May 1984 you were

On 1 June 1984 administrative discharge action was initiated by
reason of misconduct due to commission of a serious offense.
Subsequently, you elected to waive the rights to consult with
counsel and present your case to an administrative discharge
board.
On 12 June 1984, your commanding officer recommended
discharge under other than honorable conditions.
you begin a 126 day period of UA that was
October 1984.
One day after you departed
the discharge authority directed an other
discharge by reason of misconduct.
so discharged.

On 19 June 1984
not terminated until 29
on this period of UA
than honorable
October 1984 you were

On 30

and your contention that you have paid

The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity,
your debt for your periods of UA.
factors and contention were not sufficient to warrant
recharacterization of your discharge because of the serious
nature of your repetitive misconduct which resulted in two  
and three court-martial convictions.
The Board also noted the
126 day period of UA for which no disciplinary action was taken.
Given all the circumstances of your case, the Board concluded
your discharge was proper as issued and no change is warranted.
Accordingly, your application has been denied.

The Board concluded these

NJPs

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.

2

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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