DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
TJR
Docket No:
30 November 2001
4397-01
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 27 November 2001.
Your allegations of error and
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.
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.
Your record reflects that on 19 May 1981 you
The Board found you enlisted in the Navy on 14 October 1980 at
the age of 22.
received nonjudicial punishment (NJP) for two periods of
unauthorized absence (UA) totalling 15 days and were awarded a
$250 forfeiture of pay and restriction and extra duty for 30
On 16 July 1981 you received NJP for three periods of
days.
absence from your appointed place of duty and possession of
marijuana.
rate, restriction and extra duty for 30 days, and a $500
forfeiture of pay.
The punishment imposed was a suspended reduction in
Your record further reflects that on 25 April 1983 you were
convicted by special court-martial (SPCM) of three periods of UA
totalling 434 days.
You were sentenced to reduction to
E-l, confinement at hard labor for three months, and a bad
conduct discharge (BCD).
review and on 28 February 1984 you received the BCD.
The BCD was approved at all levels of
paygrade
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
However, the Board concluded these
your youth and immaturity.
factors were not sufficient to warrant recharacterization of your
discharge because of the seriousness of your repetitive
misconduct, which resulted in two
conviction.
period of UA was well over a year.
of your case, the Board concluded your discharge was proper as
issued and no change is warranted.
has been denied.
The Board noted your drug abuse, and that your total
NJPs and a court-martial
Given all the circumstances
Accordingly, your application
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
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
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