DEPARTMENTOFTHE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR
Docket No: 2260-02
25 September 2002
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
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 24 September 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 enlisted in the Navy on 15 June 1979 at the age of 25.
March 1980 you received nonjudicial punishment (NJP) for a
failure to report an offense and were awarded restriction for 30
days, a $500 forfeiture of pay, and a suspended reduction in
paygrade.
On 19
On 20 July and 24 August 1981 you received NJP for wrongful
purchase of tax free items for resale,
identification cards, breaking restriction, and 17 periods of
absence from your appointed place of duty.
wrongful possession of two
On 8 July and again on 5 August 1982 you received NJP for six
periods of absence from your appointed place of duty.
Subsequently, you were notified that administrative separation
action had been initiated by reason of misconduct due to frequent
involvement of a discreditable nature with military authorities.
At that time you waived your right to consult with legal counsel
and to present your case to an administrative discharge board.
On 9 August $982 your commanding officer recommended discharge
under other than honorable conditions by reason of misconduct.
On 17 August 1982 the discharge authority directed discharge
under other than honorable conditions,
you were so discharged.
and on 21 September 1982
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity and your contention that your
punishment was disproportionate to your characterization of
Nevertheless, the
service and narrative reason for discharge.
Board concluded these factors and contention were not sufficient
to warrant recharacterization of your discharge because of your
repetitive disciplinary actions.
has been denied.
Accordingly, your application
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 injustice.
Sincerely,
W. DEAN PFEIFFER
Executive Director
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