DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR
Docket No: 4465-01
30 November 2001
Dears
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.
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.
Your record reflects that you served for nearly a
The Board found you enlisted in the Navy on 15 June 1973 at the
age of 17.
year without disciplinary incident,
received nonjudicial punishment (NJP) disrespect, failure to obey
a lawful order, and resisting arrest.
a $50 forfeiture of pay and restriction and extra duty for seven
days.
On 15 July 1974 you received NJP for absence from your
appointed place of duty and were awarded restriction for seven
days.
During the period from 18 June 1975 to 28 December 1976
you received NJP on three occasions for two periods of absence
from your appointed place of duty.
but on 1 April 1974 you
The punishment imposed was
Your record further reflects that on 27 September 1977 you were
convicted by summary court-martial (SCM) of larceny and sentenced
to a $100 forfeiture of pay and a reprimand.
received your sixth NJP for disobedience.
was a $100 forfeiture of pay and restriction and extra duty for
14 days.
court-
On 23 June 1978 you were convicted by general
On 2 March 1978 you
The punishment imposed
martial (GCM) of two periods of unauthorized absence (UA)
totalling 29 days, two specifications of assault, simple assault,
and disobedience.
labor for 21 months, forfeiture of all pay and allowances,
paygrade E-l, and a dishonorable discharge
reduction to
Forfeitures and allowances were suspended for 12 months.
You were sentenced to confinement at hard
(DD).
Your record also reflects that during the period from 18 November
1978 to 6 January 1979, after escaping from confinement, you were
in a UA status for 49 days.
declared a deserter.
any disciplinary action was taken as a result of this misconduct.
However, the record does not indicate if
During this period you were also
On 24 April 1981 you were convicted by special court-martial
(SPCM) of four specifications of failure to go to your appointed
failure to obey a lawful
place of duty, two specifications of
order, possession of marijuana,
ad possession of lysergic acid
diethylamide (LSD).
You were sentenced to confinement at hard
labor for four months, a $1,332 forfeiture of pay, and reduction
On 26 August 1981 you began a 13 days period of
to
UA that was not terminated until 10 September 1981.
The record
does not indicate if any disciplinary action was taken for this
period of UA.
paygrade E-l.
Subsequently, the DD was approved at all levels of review and on
26 February 1982 you were so discharged.
good post service conduct, and your
However, the Board concluded these factors and
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity,
contention that you experienced prejudice treatment throughout
your enlistment.
contentions were not sufficient to warrant recharacterization of
your discharge because of the serious nature of your repetitive
misconduct, which resulted in six
NJPs and three court-martial
Further, there is no evidence in the record, and
convictions.
you submitted none,
treatment.
concluded your discharge was proper as issued and no change is
warranted.
Given all the circumstances of your case, the Board
Accordingly, your application has been denied.
to support your contention of prejudice
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.
2
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
existence of probable material error or injustice.
to.demonstrate the
Sincerely,
W. DEAN PFEIFFER
Executive Director
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