Search Decisions

Decision Text

NAVY | BCNR | CY2002 | 02604-02
Original file (02604-02.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

NAVY 

ANNEX

2 

WASHINGTON DC 20370-510

0

S

WMP
Docket No:
26 August 2002

2604-02

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, considered your
application on 21 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

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 11 June 1985
for four years at age 19.
without incident until 29 September 1986, when you received
nonjudicial punishment  
August to 3 September 1986, a period of 9 days.
imposed was forfeitures of $225 per month for two months and 20
days of restriction and extra duty.

(NJP) for unauthorized absence from 25

The record reflects that you served

The punishment

On 13 April 1987 you received NJP for unauthorized absence from
23 to 25 March 1987, a period of two days, and missing ship's
movement.
The punishment imposed was a forfeiture of $200 and
20 days of restriction.

Your record further  
convicted by a special court-martial of four instances of

i-eflects  that on 29 October 1987 you were

unauthorized absence from 22 June to 16 September 1987, 13 to 16
June 1987, 25 to 28 May 1987, and one unspecified period, for a
total of about 96 days.
hard labor for 70 days,
months, reduction to 
On 29 December 1987, the convening authority approved the
sentence but suspended that part of the sentence that called for
confinement in excess of 60 days.

You were sentenced to confinement at
forfeitures of $400 per month for three
paygrade E-l, and a bad conduct discharge.

On 20 June 1988, upon completion of appellate review, execution
of the bad conduct discharge was directed and, on 1 July 1988,
you were so discharged.

In its review of your application the Board carefully weighed
all potentially mitigating factors such as your youth and
immaturity, your record of conduct and proficiency prior to the
court-martial, and your contention that you suffered from an
abusive childhood.
conviction of four periods of unauthorized absence totaling more
than 96 days warranted severe punishment, especially considering
The Board thus concluded that
your prior disciplinary record.
the bad conduct discharge was appropriate and should not be
Accordingly, your application has been denied.
upgraded.
names and votes of the members of the panel will be furnished
upon request.

However, the Board concluded that your

The

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.

In this regard, it is important to keep in mind that

You are entitled to have

Sincerely,

W. DEAN PFEIFFER
Executive Director



Similar Decisions

  • NAVY | BCNR | CY2007 | 05479-07

    Original file (05479-07.rtf) Auto-classification: Denied

    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,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 12 October 1984, you enlisted in the Naval Reserve at age 19. On 3 June 1985, you began a period...

  • AF | BCMR | CY1998 | 9602123

    Original file (9602123.pdf) Auto-classification: Denied

    On 18 December 1987, the general court-martial approving authority approved only so much of the adjudged sentence which provided for a bad conduct discharge, 14 months of confinement, reduction to airman basic, and forfeiture of $438 per month for 14 months. On 23 February 1988, the Air Force Court of Military Review found the approved findings of guilty and the sentence to be correct in law and fact and, on the basis of the entire record, affirmed the 2 AFBCMR 96-02123 same. On 29...

  • NAVY | BCNR | CY2006 | 01141-07

    Original file (01141-07.rtf) Auto-classification: Denied

    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.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 Marine Corps on 14 March 1986 at age 19 and served without disciplinary incident...

  • NAVY | BCNR | CY2007 | 03822-07

    Original file (03822-07.rtf) Auto-classification: Denied

    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.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 8 November 1983 at age 18 and served without disciplinary incident until...

  • NAVY | BCNR | CY2009 | 02574-09

    Original file (02574-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Recotds, sitting in executive session, considered your application on 18 February 2010. In March 1988 a second Navy Mental Health evaluation was conducted and you were diagnosed with attention deficit disorder, hyperactivity syndrome, tinea pedis, and alcohol dependence, and directed to complete your confinement. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...

  • NAVY | BCNR | CY2008 | 05292-08

    Original file (05292-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 December 2008. 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. You began appellate leave on 18 June 1986 and remained in that status until the bad conduct discharge was issued on 9 March 1987.

  • NAVY | BCNR | CY2011 | 11283-11

    Original file (11283-11.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 August 2011. Documentary material considered by the Board consisted of your application, together with ail material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2002 | 05687-00

    Original file (05687-00.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 February 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. The record shows that during 1984 you received The court sentenced you to reduction to pay grade E.-l, A special court-martial convened on 7 January 1987 and convicted you of two periods of unauthorized absence totaling...

  • NAVY | BCNR | CY2008 | 02605-08

    Original file (02605-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 November 2008. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2002 | 05057-02

    Original file (05057-02.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 December 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. The...