DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR
Docket No: 3590-02
2 December 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 26 November 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
Board.
together with all material submitted in support
your application,
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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy on 9 March 1972 at the age of 17.
August 1972 you were warned after a four day period of
unauthorized absence (UA).
nonjudicial punishment (NJP) for disobedience and two periods of
absence from your appointed place of duty.
imposed was restriction for 12 days and a $40 forfeiture of pay.
On 6 and 14 December 1972 you received NJP for attempted
larceny, communicating a threat, disobedience, and disrespect.
On 26 September 1972 you received
The punishment
On 21
However, the record does not reflect
During the period from 29 January to 6 February 1973 you were UA
for a period of eight days.
that any disciplinary action was taken for this,period of UA. On
17 May 1973 you were convicted by special court-martial (SPCM) of
assault by menacing and assault.
forfeiture of pay, confinement at hard labor for four months and
On 18 July 1973 you submitted a
a bad conduct discharge
written request for restoration to duty which stated, in part, as
follows:
You were sentenced to a $800
(BCD).
I request suspension of the discharge and restoration to
duty on probation....
I believe that I can become more
helpful in the service than out on my own with a BCD....
I understand the result of a suspension of the BCD and can
control the negative attitude in me....
grateful to go back to duty and prove that a man can change.
I would be more than
However, correctional officials noted that you had been a
disciplinary problem in confinement, were not motivated, and had
a bad attitude.
denied.
failure to obey a lawful order.
reduction to
Accordingly, your request for restoration was
On 5 October 1973 you received NJP for disrespect and
paygrade E-l and correctional custody for 10 days.
The punishment imposed was
The BCD was subsequently approved at all levels of review and the
discharge authority ordered its execution.
discharged on 23 January 1975.
Accordingly, you were
The Board, in its review of your application, carefully weighed
all potentially mitigating factors,
immaturity and your contentions that you believe your discharge
should have been under honorable conditions and that you now need
your discharge upgraded so that you may receive medical benefits.
Nevertheless, the Board concluded these factors and contentions
were not sufficient to warrant a change in the characterization
of your discharge given your record of four
numerous offenses in a relatively brief period of service.
Accordingly, your application has been denied.
such as your youth and
NJPs and a SPCM for
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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