DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHlNGTON DC 20370-510
0
TJR.
Docket No: 4140-01
21 November 2001
Q
:
Dear
I D
i
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 14 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 23 March 1979 at the
age of 19.
Your record reflects that you served for a year and
four months without disciplinary incident but on 30 July 1980 you
received nonjudicial punishment (NJP) for a six day period of
unauthorized absence (UA).
restriction for 14 days and a forfeiture of pay, all of which was
suspended.
On 6 November 1980 you received NJP for absence from
your appointed place of duty and were awarded a $125 forfeiture
of pay and restriction and extra duty for 14 days.
The punishment imposed was
Your record also reflects that on 21 January 1981 you
Your record contains a page 13 entry which indicates that during
the period from 7 to 19 November 1980 you were in a UA status for
12 days.
were convicted by summary court-martial (SCM), presumably, for
the foregoing 12 days of UA.
You were sentenced to reduction to
paygrade E-2, restriction for 30 days, and a $200 forfeiture of
pay.
absence from your appointed place of duty and were awarded a $125
forfeiture of pay and restriction for 14 days.
On 10 April 1981 you received NJP for four periods of
On 7 August 1981 you were convicted by special court-martial
(SPCM) of absence from your appointed place of duty, contempt,
three specifications of disrespect, disobedience,.assault, drunk
and disorderly conduct,
sentenced to reduction to
for four months, a $1,200 forfeiture of pay, and a bad conduct
The BCD was approved at all levels of review
discharge (BCD).
and on 7 February 1983 you received the BCD.
paygrade E-l, confinement at hard labor
and breaking restriction.
You were
1 The Board,
in its review of your entire record and application,
4 your youth and immaturity,
i
carefully weighed all potentially mitigating factors, such as
and your contention that you were
falsely accused of offenses that resulted in your discharge.
However, the Board concluded these factors and contention were
not sufficient to warrant recharacterization of your discharge
because of the seriousness of your repetitive misconduct, which
NJPs and two court-martial convictions.
resulted in three
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.
Given
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.
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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