DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
NAVY
ANNEX
2
WASHINGTON DC 20370-510
0
S
ELP
Docket No. 6032-01
11 January 2002
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.
considered your application on
Your allegations of error and injustice were
A three-member panel of the Board for Correction of Navy Records,
sitting in executive session,
9 January 2002.
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 Navy on 28 June 1982 for
The record reflects that you were advanced
four years at age 21.
to BTFA (E-2) and served without incident until 25 February 1983,
when you were convicted by special court-martial of communicating
You were sentenced to confinement at hard
a threat and assault.
labor for five months and forfeitures of $250 per month for five
months.
sentence but suspended the confinement and forfeitures in excess
of four months for a period of 12 months.
confinement on 4 June 1983.
On 8 April 1983 the convening authority approved the
You were released from
During the 16 month period from September 1983 to January 1985
Your offenses
you received four nonjudicial punishments (NJP).
consisted of three unspecified periods of unauthorized absence
(UA), four instances of absence from your unit or appointed place
of duty, drunk on duty, and use of a controlled substance.
During this period, you were also convicted by civil authorities
of impeding the flow of traffic and disorderly conduct, and fined
$10 for each offense.
On 16 April 1985 you were convicted by a second special
martial of nine specifications of failure to obey a lawful
regulation by loaning money at an interest rate greater than 18
percent, and communicating a threat.
confinement at hard labor for 45 days,
month for six months, and reduction in rate to BTFR (E-l).
were released from confinement on 23 May 1985 and served without
further incident until 1 July 1985 when you received your fifth
NJP for dereliction in the performance of your duties and a brief
period of UA.
forfeitures of $150 per
You were sentenced to
court-
You
On 10 July 1985 you were notified that action was being initiated
to administratively discharge you under other than honorable
conditions by reason of misconduct due to commission of a serious
offense and a pattern of misconduct.
You were advised of your
procedural rights and after consulting with legal counsel waived
the right to present your case to an administrative discharge
board (ADB).
Thereafter, the commanding officer recommended
discharge under other than honorable conditions.
1985, the Commander, Naval Military Personnel Command directed
discharge under other than honorable conditions by reason of
misconduct due to a pattern of misconduct.
discharged on 5 September 1985.
On 22 August
You were so
However, no justification for such a
appli,cation the Board conducted a careful
In its review of your
search of your records for any mitigating factors which might
warrant a recharacterization of your discharge under other than
honorable conditions.
change could be found.
and your contention that everyone was loaning money.
However,
the Board concluded the letters of reference and contention were
insufficient to warrant recharacterization of your discharge
given your record of five
special courts-martial convictions.
your continued misconduct,
discipline and authority.
factor that you waived an ADB,
show why you should be retained or discharged under honorable
conditions.
and no change is warranted.
been denied.
will be furnished upon request.
NJPs, a civil conviction, and the two
You demonstrated, through
a willful disregard for military
The Board also noted the aggravating
The Board concluded that the discharge was proper
Accordingly, your application has
The names and votes of the members of the panel
The Board noted the letters of reference
the one opportunity you had to
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
You are entitled to have
2
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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