DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
ELP
Docket No. 6967-01
17 December 2001
Dear
This is in reference to your
naval record pursuant to the
States Code, Section 1552.
application for correction of your
provisions of Title 10, United
Your allegations of error and injustice were
A three-member panel of the Board for Correction of Navy Records,
sitting in executive session,
12 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 11 March 1975 for four years at age
17.
The record reflects that you extended your enlistment for a
period of 12 months on 1 August 1975 to accept advancement to TM3
(E-4).
You were then advanced to TM2 (E-5) in November 1976 and
served without incident until 8 June 1978, when you were
convicted by special court-martial of two periods of unauthorized
absence
You
were sentenced to confinement at hard labor for two months,
forfeitures of $265 per month for two months, and a reduction in
rate to TMSN (E-3).
approved the sentence but mitigated the reduction in rate to TM3
(E-4).
WA) totaling about 53 days and missing movement.
On 21 June 1978 the convening authority
On 1 November 1978 you received nonjudicial punishment NJP) for
two periods of UA totaling about 56 days.
a forfeiture of $250 per month for two months and reduction in
rate to SN.
Punishment imposed was
On 21 January 1980 you were convicted by a second special
court-
martial of four periods of UA from 2-8 November 1978, 9-13
November 1978, 14 November to 12 June 1979, and 5-9 October 1979,
a total period of about 220 days.
forfeitures of $250 per
confinement at hard labor for two months,
month for two months,
conduct discharge.
approved the sentence but reduced the confinement at hard labor
to 45 days, and suspended the forfeitures in excess of $224 per
month for two months.
reduction in rate to SR (E-l), and a bad
On 12 March 1980 the convening authority
You were sentenced to
The record reflects that you were also UA from 31 August to
4 September 1979, 29 September to 1 October 1979, and 20-22
October 1979 for which no disciplinaryaction is shown in the
record.
The Navy Court of Military Review affirmed the findings and the
sentence of the second special court-martial on 30 June 1980, and
you received the bad conduct discharge on 5 December 1980.
The Board concluded that the
and the fact that it has been nearly 21
In its review of your application the Board carefully weighed all
potentially mitigating factors such as your youth and immaturity,
good post-service conduct,
the letters of reference attesting to
your good character,
years since you were discharged.
The Board noted your brother's
letter to the effect that when your father died, you wanted to be
dischargeded in order to run your father business, but discharge
was denied due to your rank and position on board ship, and going
UA was your only recourse.
foregoing factors and contentions were insufficient to warrant
recharacterization of your discharge given your record of an NJP
and two convictions by special courts-martial.
Your lost time
due UA and military confinement
The
Board well understands the impact the death of a parent has on a
Sailor, especially if he is the oldest child.
However, you have
provided no evidence as to what assistance you sought through the
chain of command or of any circumstance which justified the four
periods of UA totaling more than seven months.
Your conviction
and discharge were effected in accordance with applicable law and
regulations,
service.
Accordingly, your application has been denied. The
names and votes of the members of the panel will be furnished
upon request.
and the discharge appropriately characterizes your
totalled about 436 days.
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
You are entitled to have
2
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
3
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