DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 

NAVY 

ANNEX

WASHINGTON DC 20370-510

0

WMP
Docket No:
19 August 2002

2178-02

This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10 of the
United States Code section 1552.

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session,
application on 14 August 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
of your application, together with all material submitted in
support thereof,
your naval record and applicable statutes,
regulations and policies.

Documentary material considered by the Board consisted

Your allegations of error and

considered your

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.

Your record reflects that you served without

The Board found that you enlisted in the Navy on 3 August 1976
at age 17.
incident until 15 July 1977, when you received nonjudicial
punishment (NJP) for a period of unauthorized absence from 13
June to 28 June 1977, a period of 15 days; and missing ship's
movement.
14 days of restriction and extra duty.
received a reduction to  
was suspended for six months.

The punishment imposed was a forfeiture of $100 and

paygrade E-l, however, this punishment

Additionally, you

On 14 November 1978, you were convicted by special court-martial
for a period of unauthorized absence from 30 April to 7 October
1978, a period of  
confinement at hard labor for two months, a forfeiture of $250
per month for two months,

The punishment imposed was

and a reduction to 

paygrade E-l.

16Qdays.

The

convening authority approved the sentence as adjudged and
ordered the execution.

On 22 March 1979 your commanding officer recommended  approval of
However,
your request for a hardship discharge.
Naval Personnel (CNP) denied your request due to
the documentation provided did not indicate that
was mandatory and that other family members were
provide assistance.

the Chief of
the fact that
your presence
available to

On 4 May 1979, you were placed in the voluntary self-referral
This program
for drug abuse rehabilitation (VSRRP) program.
enabled drug dependent personnel to obtain treatment while on
active duty without the risk of receiving disciplinary action
for their prior actions.

On 8 May 1979 you received a psychiatric evaluation concerning
your alcohol abuse in which the attending physician found that
you were an alcohol abuser, were not motivated for treatment,
and recommended discharge from the naval service.

On 10 May 1979 you received NJP for a period of unauthorized
absence on 3 May 1979.
for three days on bread and water and reduction to  
Also on 10 May 1979,
performance and warned that a continuation of this behavior
would result in an administrative discharge.

you were counseled concerning your past

The punishment imposed was confinement

paygrade E-l.

On 14 May 1979 you signed an administrative remarks (NAVPERS
1070/613) entry stating that you no longer desired drug
rehabilitation and desired to be separated from the naval
service by reason of misconduct.

On 15 May 1979 administrative separation action was initiated by
reason of misconduct.
the separation action are not available, it appears that you
were made aware of this separation action and waived your
procedural rights.

Although the documents notifying you of

On 15 May 1979 the commanding officer forwarded the separation
On 30 July
action, recommending a general discharge, to CNP.
1979 CNP directed your retention on active duty because you had
not violated the counseling and warning of 10 May 1979.

.

2

convicted by summary court-martial

On 19 February 1980, you were
of an unauthorized absence from 25 January to 29 January 1980, a
failure to go to appointed place of duty;
period of four days;
missing ship's movement;
The punishment imposed was confinement at hard labor for 27
days, a forfeiture of $380, and reduction to 
paygrade E-2.
convening authority approved the sentence as adjudged and
ordered its execution.

and failure to obey a lawful order.

The

On 2 May 1980, you were again convicted by summary court-martial
of an unauthorized absence from 17 March to 25 March 1980, a
period of eight days;
imposed was confinement at hard labor for 30 days, a forfeiture
of $299, and reduction to 
approved the sentence as adjudged and ordered its execution.

and breaking restriction.

The convening authority

paygrade E-l.

The punishment

On 2 May 1980, you were notified that separation action was
being initiated by reason of misconduct due to frequent
involvement of a discreditable nature with military authorities.
At this time, you were advised of all procedural rights,
consulted with counsel,
administrative discharge board  

and elected to present your case to an

(ADB).

On 24 June 1980, an ADB considered your case,
committed misconduct due to frequent involvement of
discreditable nature with military authorities, and recommended
an other than honorable discharge.
1980, your commanding officer forwarded the separation action to
CNP, recommending an other than honorable discharge.

Accordingly, on 28 June

found that you had

On 30 July 1980, you received NJP for a period of unspecified
period of unauthorized absence.
forfeiture of $100.

The punishment imposed was a

On 19 August 1980 CNP directed an other than honorable discharge
and on 27 August 1980 you were so discharged.

On 25 January 1985, the Naval Discharge Review Board (NDRB)
considered your case and concluded that there was no reason to
excuse the misconduct of record, which substantiated the
character of service as under other than honorable conditions.

However, the Board

Also, the Board

in essence, given a second chance in July

In its review of your application the Board carefully weighed
all potentially mitigating factors such as your youth and
immaturity, and your family problems.
concluded that the record fully supported processing for
separation due to misconduct due to frequent involvement of
discreditable nature with military authorities due to your three
NJP's, two summary courts-martial and one special court-martial;
and over 215 days of unauthorized absence.
noted that you were,
1979, when CNMPC disapproved the commanding officer's request
However, instead of taking advantage of
for your discharge.
this opportunity, you continued your pattern of unauthorized
absences until your discharge.
that your discharge under other than honorable conditions was
appropriate.
hardship does not relieve an individual of responsibility for
his actions and is insufficient to mitigate your record of
extensive unauthorized absences and persistent misconduct.
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon
request.

Additionally, a documented family problem or

Therefore, the Board concluded

The names and

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.
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.

it is important to keep in mind that

You are entitled to have

In this regard,

Sincerely,

W. DEAN PFEIFFE
Executive Director

R