DEPARTMENT OF THE NAVY
BOARl)FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
Docket No: 4398-01
30‘November 2001
This is in
naval record pursuant to the provisions of Title 10, United
States Code, Section 1552.
referense to your application for correction of your
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 27 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, although incomplete, 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 records in your case are incomplete.
show that you enlisted in the Navy on 30 June 1977 at the age of
Your record shows that on 27 September 1977 you received
19.
nonjudicial punishment (NJP) for a day of unauthorized absence
WA) and were awarded restriction and extra duty for 10 days. On
8 May and again on 31 July 1978 you received NJP for absence from
your appointed place of duty,
two specifications of missing the
movement of your ship, and a 32 day period of UA.
However, those records
Your record further reflects that on 6 April 1979 you were
convicted by summary court-martial (SCM) of four periods of UA
totalling 10 days and breaking restriction. You were sentenced to
confinement at hard labor for 30 days and a $278 forfeiture of
pay.
disorderly conduct.
30 days and a $400 forfeiture of pay.
On 24 May 1979 you received your fourth NJP for drunk and
The punishment imposed was restriction for
Your record also reflects that on 31 July 1979 you began a 121
day period of UA that was not terminated until you were
apprehended by civil authorities on 29 November 1979.
On 30
November 1979 you began a 967 day period of UA that was not
terminated until you were apprehended by civil authorities on 25
July 1982.
a deserter.
During these two periods of UA you were also declared
The record contains no documentation pertaining to the
administrative or judicial action taken against you as a result
of the foregoing periods of UA,
However, the record does contain an entry dated 8 October 1982,
'which reflects that you were advised of certain post separation
entitlements.
Certificate of Release or Discharge From Active Duty (DD Form
The Board, however, noted that on your Application for
214).
Correction of Military Record (DD Form
were discharged under other than honorable conditions on 10
October 1982, and concluded that such a discharge is consistent
with all of the foregoing.
The record is also incomplete in that there is no
totalled 1,088 days.
which
149), you stated that you
The Board, in its review of your record and application,
carefully considered all mitigating factors, such as your youth
and immaturity, and your contention that you had intended to
reenlist, but were advised by counsel to leave the Navy.
However, the Board found the evidence and materials submitted
were not sufficient to warrant recharacterization of your
discharge given the seriousness of your frequent misconduct,
which resulted in four
the two lengthy periods of UA ending in July 1982.
your application has been denied.
NJPs and a court-martial conviction, and
Accordingly,
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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