DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TRG
Docket No: 4072-01
23 October 2001
Dear
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10 of the 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 23 October 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Naval Reserve on 9 December 1977 at age 19
During the period
and reported to active duty that same day.
from 19 September 1979 to 30 October 1980, you received
nonjudicial punishment on nine occasions and were convicted by a
summary court-martial.
unauthorized absence totaling more than 43 days, several absences
from your appointed place of duty, sleeping during working hours
and leaving your watch without being properly relieved.
Your offenses were 21 periods of
In connection with this processing, you elected to
Based on the foregoing record, you were processed for an
administrative discharge by reason of misconduct due to your
frequent involvement of a discreditable nature with military
authorities.
waive your right to have your case heard by an administrative
On 1 November 1980, you began a period of
discharged board.
unauthorized absence which lasted until you surrendered on 13
During this period of absence, on 8 November
November 1980.
1980, the discharge authority approved the recommendation of your
commanding officer that you be discharged for misconduct with a
You were so
discharge under other than honorable conditions.
discharged on 21 November 1980.
such as your youth and contention
In its review of your application the Board carefully weighed all
potentially mitigating factors,
that you were told that the discharge would be automatically
recharacterized to honorable after a period of six months.
Board found that these factors and contentions were not
sufficient to warrant recharacterization of your discharge given
the nature and frequency of your misconduct.
provision in the law or regulations which requires
recharacterization of a discharge based solely on the passage of
time.
issued and no change is warranted.
The Board concluded that the discharge was proper as
The
There is no
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
The names and
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.
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
2
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