DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 119-02
13 December 2002
c
Your allegations of error and
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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 14 November 2002.
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 Navy on 30 September
1974.
The record reflects that you received eight nonjudicial
punishments.
The offenses included an unauthorized absence of a
day, use and possession of marijuana,
failure to obey a lawful order on five occasions, absence from
your appointed place of duty on four occasions, disrespect on two
onboard
occasions, dereliction of duty,
ship, and possession of marijuana.
On 27 August 1976 the commanding officer recommended that you be
separated with an undesirable discharge by reason of misconduct.
When informed of the recommendation , you elected to waive the
right to present your case to an administrative discharge board.
Subsequently, you received two additional nonjudicial
punishments.
The offenses included an unauthorized absence,
disrespect, and failure to obey a lawful general regulation.
After review by the discharge authority, the recommendation for
separation was suspended for twelve months.
However, on 15
October 1976 you again received nonjudicial punishment for
wrongful appropriation,
introducing marijuana
After the suspension was
The names and
willful disobedience and disrespect.
then vacated, you received the undesirable discharge on 3
November 1976.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and
However, the Board concluded that these factors were
immaturity.
not sufficient to warrant recharacterization of your discharge,
given your record of frequent involvement with military
The Board also noted that the undesirable discharge
authorities.
initially was suspended, thus giving you an opportunity to earn a
better discharge.
Based on the foregoing,
resulting in the undesirable discharge.
the Board concluded that no change to the discharge is warranted.
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
It is regretted that the circumstances of your case are such that
You are entitled to have the
favorable action cannot be taken.
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.
However, you continued to commit offenses
Sincerely,
W. DEAN PFEIFFER
Executive Director
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