DEPARTMENT OF
CORRECTI
bd
BOARD FOR
Tl-k NAVY.
OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 6466-00
16 July 2001
Your allegations of error and
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 11 July 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
error or injustice.
The Board found that you enlisted in the Naval Reserve on 12
March 1986 at age 22.
You reported to active duty on 13 June
1987.
A special court-martial convened on 28 January 1988 and
you were found guilty of unauthorized absences totalling 78 days,
disrespect, and use of cocaine.
confinement at hard labor for 60 days, forfeitures of $250 per
month for two months, and a bad conduct discharge.
the bad conduct discharge on 11 January 1989.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and
immaturity.
However, the Board concluded that these factors were
not sufficient to warrant recharacterization of your discharge
due to the fact that your unauthorized absences
totalled more
than two months, and given your drug abuse.
foregoing,
warranted.
names and votes of the members of the panel will be furnished
upon request.
Based on the
the Board concluded that no change to the discharge is
Accordingly, your application has been denied.
The
The court sentenced you to
You received
circums$ances of your case are such that
It is reqretted that the
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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