DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
ELP
Docket No. 6908-01
7 December 2001
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,
4 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,
thereof,
and policies.
your naval record and applicable statutes, regulations
together with all material submitted in support
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.
The record reflects that you were advanced
However, during the seven month period from December
The Board found that you enlisted in the Navy on 3 May 1978 for
four years at age 17.
to SA (E-2) and served for more than seven months without
incident.
1978 to July 1979, you received nonjudicial punishment
six occasions.
Your offenses consisted of altering a prescrip-
tion,
mens' muster, 16
instances of failure to go to your appointed place of duty, two
instances of failure to obey a lawful order, two brief periods of
UA totalling about two hours,
and three periods of UA totalling
about 14 days.
67 instances of absence from restricted
(NJP) on
In August 1979 you began a series of five
18 October, 21-25 October, 31 October 1979 to 29 December
14 January 1981 to
3 February, and 17-27 February 1981.
UAs from 31 August to
1980,
On 27 March 1981 you were convicted by special court-martial
of three of the foregoing periods of UA from 31 August to
18 October, 21-25 October, and 31 October 1979 to 29 December
1980; totaling about 491 days.
at hard labor for two months,
two months, reduction in rate to SR (E-2), and a bad conduct
discharge.
received the bad conduct discharge on 28 May 1981.
You were placed on appellate leave on 26 May 1981 and
forfeitures of $330 per month for
You were sentenced to confinement
The Board noted your
In its review of your application the Board carefully weighed all
potentially mitigating factors such as your youth and immaturity,
limited education, ietters of reference, and the fact that it has
been 20 years since you were discharged.
explanation of the circumstances which led to your discharge, the
certificate showing you completed an alcohol and drug treatment
program in 1999, and your contention that you were told that the
discharge could be recharacterized if you successfully completed
such a program.
The Board concluded that the foregoing factors
and contention were insufficient to warrant recharacterization of
your discharge given your record of six
martial conviction of more than a year of
to UA
guilty of too much UA to warrant recharacterization to honorable
or under honorable' conditions.
an alcohol rehabilitation program is commendable but does not'
provide a valid basis for recharacterizing service.
conviction and discharge were effected in accordance with
applicable law and regulations,
characterizes your service.
been denied. The names and votes of the members of the panel will
be furnished upon request.
Accordingly, your application has
The Board concluded that you were
The fact that you have completed
and the-discharge appropriately
Your
totalled 521 days.
NJPs and a special
court-
Your lost time due
UA:
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
2
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