DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
CRS
Docket No: 5874-01
6 December 2001
Your allegations of error and
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 5 December 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.
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
e'rror or injustice.
The Board found that you enlisted in the Navy on 9 August 1976 at
age 17.
punishments.
totalling four days, absence from your appointed place of duty,
failure to obey a lawful order on four occasions, and possession
of marijuana.
A special court-martial convened on 11 October 1979 and you were
found guilty of an unauthorized absence of 393 days.
The court
sentenced you to confinement at hard labor for 60 days,
forfeitures of $50 per month for two months, and a bad conduct
discharge.
1981.
In its review of your application the Board carefully weighed all
potentially mitigating factors,
such as your youth and immaturity
and the contention that you were told that the discharge would be
upgraded after five years.
these factors were not sufficient to warrant recharacterization
The record reflects that you received four nonjudicial
The offenses included unauthorized absences
You received the bad conduct discharge on 24 February
However, the Board concluded that
Based on the foregoing, the Board
of your discharge due to the fact that your unauthorized absences
totalled over a year.
In this
concluded that no change to the discharge is warranted.
regard, no law or military regulation provides for upgrading a
Accordingly, your
discharge based solely on the passage of time.
application has been denied.
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.
The names and votes of the members
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
NAVY | BCNR | CY2001 | 06167-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your Your allegations of error and application on 18 December 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge due to the fact that your unauthorized absences total-led more than six months. ...
NAVY | BCNR | CY2001 | 02271-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your Your allegations of error and application on 6 June 2001. injustice were reviewed in accordance with administrative theproceedings of this regulations and procedures applicable to Board. together with all material submitted in support your application, thereof, your naval record and applicable statutes, regulations and policies. Consequently, when applying for a correction of an...
NAVY | BCNR | CY2001 | 07295-00
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 September 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. not sufficient to warrant recharacterization of your discharge due to the fact that your unauthorized absences totalled more You received the bad conduct discharge The court sentenced you to xordingly, your application...
NAVY | BCNR | CY2002 | 06564-00
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 February 2001. injustice were reviewed in accordance with administrative of this regulations and procedures applicable to the proceedings Documentary material considered by the Board consisted of Board. A second special court-martial convened on 29 October 1973 and you were found guilty of unauthorized absences totalling 7.9 days. factors were not sufficient to...
NAVY | BCNR | CY2001 | 05699-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 December 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. that these factors were not sufficient to warrant recharacterization of your discharge given your disciplinary The Board found record, especially the special court-martial conviction for a lengthy period of unauthorized...
NAVY | BCNR | CY2001 | 03947-01
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. However, while the administrative discharge recommendation was being processed, you began another series of unauthorized absences. During the period 25 April to 1 July 1980 you were an unauthorized absentee on three occasions totaling about 35 days.
NAVY | BCNR | CY2002 | 05687-00
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 February 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. The record shows that during 1984 you received The court sentenced you to reduction to pay grade E.-l, A special court-martial convened on 7 January 1987 and convicted you of two periods of unauthorized absence totaling...
NAVY | BCNR | CY2001 | 08395-00
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. these factors and contentions were not sufficient to warrant recharacterization of your discharge given your repeated misconduct and especially the special court-martial conviction for 47 days of unauthorized absence. Consequently, when applying for a correction of an official naval record,...
NAVY | BCNR | CY2001 | 03456-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 December 2001. factors were not sufficient to warrant recharacterization of your discharge given your request for discharge to avoid trial for an unauthorized absence of nearly four months and two prior unauthorized absences. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | BCNR | CY2002 | 02604-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 August 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. You were sentenced to confinement at forfeitures of $400 per month for three paygrade E-l, and a bad conduct discharge. conviction of four periods of unauthorized absence totaling more than 96 days warranted severe...