DEPARTMENT OF THE NAVY
B O A R D F O R C O R R E C T I O N O F N A V A L R E C O R D S
2 N A V Y A N N E X
W A S H I N G T O N D C 2 0 3 7 0 - 5 1 0 0
TJR
Docket No: 7707-01
10 May 2002
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 7 May 2002. Your allegations of error and
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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
The Board found you enlisted in the Navy on 26 October 1978 at
the age of 18. Your record reflects that on 16 June 1980 you
were convicted by summary court-martial (SCM) of three periods of
unauthorized absence (UA) totalling 148 days. You were sentenced
to confinement at hard labor for 20 days and a $250 forfeiture of
pay. On 29 October and again on 13 December 1980, you received
nonjudicial punishment (NJP) for a two day period of UA, larceny,
and 25 instances of absence from your appointed place of duty.
Your record further reflects that during the period from 17 March
to 15 November 1981 you received NJP on two more occasions and
were convicted twice more by SCM for offenses which included
periods of UA totalling more than seven months. Your offenses
were three specifications of failure to go to your appointed
place of duty, 33 absences from your appointed place of duty,
five specifications of sleeping on post, two specifications of
breaking restriction, two periods of UA totalling three days, and
possession of marijuana.
On 3 June 1982 you were convicted by special court-martial (SPCM)
of three periods of UA totalling 61 days and absence from your
appointed place of duty. You were sentenced to confinement at
hard labor for a month, a $367 forfeiture of pay, and a bad
conduct discharge (BCD). The BCD was subsequently approved at
all levels of review, and on 18 November 1983 you were so
discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity, and the fact that it has been over 20
years since your discharge. However, the Board concluded these
factors and contention were not sufficient to warrant
recharacterization of your discharge because of your repetitive
misconduct, which resulted in four NJPs and four court-martial
convictions. Further, no discharge is upgraded merely due to the
passage of time. Given all the circumstances in your case, the
Board concluded your discharge was proper as issued and no change
is warranted. Accordingly, your application has been denied.
The names and votes of the members of the panel will be furnished
upon request.
It is regretted that the circumstances of your case are such that
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 injustke.
Sincerely,
W. DEAN PFEIFFER
Executive Director
NAVY | BCNR | CY2002 | 09384-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 August 2003. You received NJP on 22 February 1992 for a 17 period of unauthorized absence (UA) and were awarded restriction and extra duty for 4 5 days and a $550 forfeiture of pay. However, the record does not reflect that any disciplinary action was taken for this period of UA.
NAVY | BCNR | CY2001 | 06684-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 March 2001. After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the existence of probable material error or injustice. A year later, on 12 April 1968, you were convicted by special court-martial (SPCM) of three periods of unauthorized absence (UA) totalling 62 days and breaking...
NAVY | BCNR | CY2001 | 08556-01
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. On 20 October 1960 you submitted a written request for immediate execution of the BCD. 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.
NAVY | BCNR | CY2001 | 06601-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 March 2002. 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 the evidence submitted was insufficient to establish the...
NAVY | BCNR | CY2001 | 06606-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 March 2002. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2002 | 10329-02
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. On 11 May and again on 16 July 1959 you were convicted by summary court-martial (SCM) of a one day period of unauthorized absence (UA), failure to obey a lawful order, absence from your appointed place of duty, resisting arrest, and breach of the peace. The Board, in its review of your...
NAVY | BCNR | CY2001 | 00327-01
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. However, during the seven month period from March 1973 to October 1973 you received four nonjudicial punishments ( N J P ) and were convicted by a summary court-martial. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...
NAVY | BCNR | CY2002 | 10961-02
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. Nevertheless, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge because of your frequent misconduct, which resulted in five NJPs and your lengthy period of UA which resulted in your request for discharge. Consequently, when applying...
NAVY | BCNR | CY2002 | 10343-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 September 2003. 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. On 26 October 1966 you were convicted by SPCM of a 67 day period of UA and were sentenced to confinement at hard labor for six months, a $342...
NAVY | BCNR | CY2001 | 06700-01
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 the evidence submitted was insufficient to establish the existence of probable material error or injustice. On 25 February 1993 you received your fourth NJP for absence from your appointed place of duty and...