DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
W A S H IN G TO N DC
20370-510
0
ELP
Docket No. 5971-01
26 December 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.
Your allegations of error and injustice were
A three-member panel of the Board for Correction of Navy Records,
sitting in executive session,
18 December 2001.
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.
considered your application on
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.
You enlisted in the Navy on 9 October 1975 for four years at age
17.
The record reflects that you were advanced to FA (E-2) and
served 12 months without incident.
period from October 1976 to September 1978, you received three
nonjudicial punishments (NJP).
periods of unauthorized absence (UA) totalling about 35 days,
possession of marijuana,
lawful order, and breaking arrest.
electrician's mate striker designation was removed for
incompetence.
and two instances of failure to obey a
Your offenses consisted of four
However, during the 23 month
During this period, your
In November 1978, you then began a series of
1978 to 20 February 1979, 3 March to 17 July 1979, 15-17
September 1979.
periods of UA you received a fourth NJP for missing restricted
men's muster on five occasions.
While awaiting trial by court-martial for these
UAs from 18 November
On 5 October 1979 you were convicted by special court-martial of
You were
the foregoing three periods of UA totalling 219 days.
sentenced to confinement at hard labor for four months, forfei-
tures of $279 per month for four months, reduction in rate to SR,
The Navy Court of Military Review
and a bad conduct discharge.
affirmed the findings and sentence on 28 April 1980 and you
received the bad conduct discharge on 23 March 1981.
The Naval Discharge Review Board (NDRB) denied your request for
recharacterization of your discharge on 4 September 1985.
However, the Board concluded that the
The Board noted your contentions that you were
In its review of your application the Board carefully weighed all
potentially mitigating factors such as your youth and immaturity,
limited education, the issues you presented to the NDRB, and the
fact that it has been more than 20 years since you were
discharged.
court-martialed on your 21st birthday to make an example out of
you, the discharge was unjust, and that your pay record was lost
from 1978 to 1979.
foregoing factors and contentions were insufficient to warrant
recharacterization of your discharge given your record of four
NJPs and a special court-martial conviction.
to UA and military confinement
provided no evidence to support your claim that your pay record
Your
was lost or what relevance it had to your misconduct.
conviction and discharge were accomplished in accordance with
applicable law and regulations,
characterizes your service.
discharge was proper and no change is warranted.
your application has been denied. The names and votes of the
members of the panel will be furnished upon request.
and the discharge appropriately
The Board thus concluded that the
Accordingly,
totalled 358 days.
You have
Your lost time due
It is regretted that the circumstances of your case are such
that favorable action cannot be taken.
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.
You are entitled to have
Sincerely,
W. DEAN PFEIFFER
Executive Director
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