DEPARTMENTOFTHE NAV
Y
BOARD FOR CORRECTION OF NAVAL RECORD
ANNEX
NAVY
2
WASHINGTON DC 20370-510
0
S
TJR
Docket No: 2831-02
6 November 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 5 November 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
your application, together with
thereof, your naval record, and
and policies.
bv the Board consisted of
all material submitted in support
applicable statutes, regulations,
Documentary material considered
Your allegations of error and
After careful and conscientious
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
consideration of the entire
You enlisted in the Navy on 28 February 1969 at the age of 19.
At the time of enlistment you had completed nine years of formal
education and had a general classification test
placed you in Mental Group V.
(GCT) score which
On 17 July 1969 you began a 453 day period of unauthorized
absence (UA) that was not terminated until you were apprehended
On 19 November 1970,
by civil authorities on 12 October 1970.
while awaiting trial for the foregoing period of UA, you received
nonjudicial punishment (NJP) for underage drinking and were
awarded a $35 forfeiture of pay.
On 7 December 1970 you were convicted by general court-martial
(GCM) of the 453 day period of UA. You were sentenced to a
reduction to
at hard labor for five months,
On 22 March 1971 you submitted a written request for a general
discharge.
paygrade E-l, a $400 forfeiture of pay, confinement
The request stated, in part, as follows:
and a bad conduct discharge (BCD).
I want my BCD changed to a general because I have a wife
and children to support.
to get a good job, and back home I would like to work for
the state.
With a BCD I don't have a chance
Subsequently, the BCD was approved at all levels of review, and
on 18 June 1971 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, limited education, low test scores,
your contention that you should not have been allowed to enlist
in the Navy.
It also considered your request to have your
discharge upgraded so that you may obtain veterans' rights.
Nevertheless, the Board concluded these factors, contention, and
your request were not sufficient to warrant recharacterization of
Further,
your discharge because of your lengthy period of UA.
the Board noted that you submitted no evidence that your
enlistment was improper.
denied.
Accordingly, your application has been
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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