DEPARTMENTOFTHE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR
Docket No: 1439-02
15 August 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 13 August 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.
Your allegations of error and
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.
You reenlisted in the Navy on 31 December 1981 after three years
of prior honorable service.
and two months without disciplinary incident, but on 11 February
1984 you received nonjudicial punishment (NJP) for failure to go
to your appointed place of duty and were awarded a $200
forfeiture of pay and a suspended reduction to
You continued to serve for two years
paygrade E-4.
On 13 March 1984 you convicted by summary court-martial (SCM) of
assault and resisting arrest.
paygrade E-4.
On 18 December 1985 you were convicted by special
court-martial (SPCM) of a 157 day period of unauthorized absence
(UA)
days, reduction to
bad conduct discharge
at all levels of review,
discharged.
paygrade E-l, a $400 forfeiture of pay, and a
The BCD was subsequently approved
You were sentenced to confinement at hard labor for 45
You were sentenced to reduction to
-
(BCD).
and on 13 January 1985 you were so
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
prior honorable service, post service
your youth and immaturity,
conduct, and your contention that the court did not consider that
at the time of your UA you had to care for your homeless and
mentally ill mother.
the Social Security Administration,
Nevertheless, the Board concluded these factors and
Appeals.
contention were not sufficient to warrant recharacterization of
your discharge because of your serious and repetitive misconduct
which resulted in an NJP and two court-martial convictions.
Accordingly, your application has been denied.
The Board also considered the decision of
Office of Hearings and
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
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.
Sincerely,
W. DEAN PFEIFFER
Executive Director
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