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
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