DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION
OFNAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
CRS
Docket No: 5957-01
18 October 2001
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 17 October 2001.
Your allegations of error and
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
error or injustice.
The Board found that you enlisted in the Naval Reserve on 27 June
1974 and reported to active duty on the same day.
reflects that you received three nonjudicial punishments and were
convicted by a special court-martial.
assault and battery,
on two occasions,
lawful order,
use of provoking words, failure to obey a
and absence from your appointed place of duty.
disobedience of a lawful order, disrespect
The offenses included
The record
On 23 March 1976 the commanding officer recommended that you be
separated with a general discharge by reason of unfitness.
informed of the recommendation,
present the case to an administrative discharge board.
review by the discharge authority,
separation was approved and you were discharged with a general
discharge on 15 April 1976.
When
you elected to waive the right to
the recommendation for
After
In its review of your application the Board carefully weighed all
potentially mitigating factors,
were told that the discharge would be honorable.
such as the contention tht you
However, the
Board concluded that these factors were not sufficient to warrant
recharacterization of your discharge, given your record of
frequent involvement with military authorities.
the Board noted that you were the subject of four disciplinary
actions within a period of less than two years.
is no evidence in your record that you were informed that the
discharge would be honorable.
concluded that no change to the discharge is warranted.
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
Based on the foregoing, the Board
The names and
In this regard,
Further, there
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
2
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