DEPARTMENTOFTHENAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
CRS
Docket No:
9 February 2001
2590-00
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 7 February 2001.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
your application,
thereof,
and policies.
Documentary material considered by the Board consisted of
together with all material submitted in support
your naval record and applicable statutes, regulations
Your allegations of error and
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 2 February 1978
at age 20.
The record reflects that you received 11 nonjudicial
punishments and were convicted by a special court-martial.
The
offenses included unauthorized absences totalling 55 days,
willful disobedience of a lawful order on two occasions,
possession of marijuana on two occasions, use of marijuana, being
in the presence of marijuana,
absence from your appointed place
of duty on five occasions,
failure to obey a lawful order,. and
dereliction of duty.
When informed of the recommendation, you elected to
On 27 May 1980 the commanding officer recommended that you be
separated with an other than honorable discharge by reason of
misconduct.
waive your right to present your case to an administrative
discharge board.
recommendation for separation was approved and you were
discharged with an other than honorable discharge on 27 May 1980.
On 18 June 1980 the Assistant Secretary of the Navy approved the
discharge.
After review by the discharge authority, the
You were correctly granted this early release even
An advisory opinion from the Navy Personnel Command noted that
you had requested an early return to the civilian community
effective 27 May 1980 and thus did not wait for the final
approval.
Favorable action on
though your discharge was pending approval.
your request for an upgrade of the discharge was not recommended.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and
immaturity.
not sufficient to warrant recharacterization of your discharge,
given your record of frequent involvement with military __
authorities.
the subject of twelve disciplinary actions within a period of
less than three years.
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.
However, the Board concluded that these factors were
The Board especially noted the fact that you were
Based on the foregoing, the Board
The names and
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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