DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR
Docket No: 2370-02
4 October 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 1 October 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.
On 17 September 1980 you were
convicted by special
court-
(UA) that was not terminated until 20 July
However,' on 29 August 1978, you began a period of
You enlisted in the Navy on 28 December 1977 at the age of 19,
and served approximately eight months without disciplinary
incident.
unauthorized absence
1980.
martial (SPCM) of this 692 day period of absence.
sentenced to confinement at hard labor for 60 days, reduction to
paygrade E-l, a $400 forfeiture of pay, and a bad conduct
discharge (BCD).
of review, and on 18 September 1981 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 your contention that your discharge
was inequitable because it was based on one incident.
Nevertheless, the Board concluded these. factors and contention
were not sufficient to warrant recharacterization of your
discharge because of your lengthy period of UA. Accordingly, your
application has been denied.
The BCD was subsequently approved at all levels
You were
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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