DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
NAVY
ANNEX
2
WASHINGTON DC
20370-5100
S
CRS
Docket No: 3315-02
12 August 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 7 August 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The record reflects that you received eight
The Board found that you enlisted in the Navy on 4 February 1977
at age 23.
nonjudicial punishments.
absences totalling at least four days, absence from your
appointed place of duty on ten occasions, two instances of
possession of marijuana, use of marijuana, and failure to obey a
lawful order on three occasions.
The offenses included unauthorized
On 21 December 1978 the commanding officer recommended that you
be separated with an other than honorable discharge by reason of
misconduct.
When informed of the recommendation, you elected to
waive your right to present your case to an administrative
discharge board.
punishment for disrespect and being out of uniform.
by the discharge authority,
approved and you were discharged with an other than honorable
discharge on 15 March 1979.
After review
the recommendation for separation was
Subsequently, you received a ninth nonjudicial
.
In its review of
you; application the Board carefully weighed all
such as your youth and
However, the Board concluded that these factors were
potentially mitigating factors,
immaturity.
not sufficient to warrant recharacterization of your discharge,
given your record of frequent involvement with military
In this regard, the Board noted that you were the
authorities.
subject of nine disciplinary actions within a period of less than
three years for offenses that included several drug-related
offenses.
change to the discharge is warranted.
application has been denied.
of the panel will be furnished upon request.
Based on the foregoing, the Board concluded that no
Accordingly, your
The names and votes of the members
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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