DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
JRE
Docket No:
25 November 2002
3595-02
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 31 October 2002. Your allegations of error and
injustice were reviewed in accordance with administrative regulations and procedures
applicable to the proceedings of this Board.
consisted 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
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 served on active duty in the Navy from 26 June 1974 to 23
December 1977, when you were discharged pursuant to your request for discharge for the
good of the service in lieu of trial by court-martial for multiple offenses, to include
disobedience of lawful orders, assaults consummated by batteries on members of the shore
patrol, and attempting to break restriction.
include three instances of nonjudicial punishment, and a conviction by special court-martial.
There is no indication in the available records that you lacked mental responsibility for your
actions, or that you were unfit by reason of physical disability. The Board rejected your
unsubstantiated contention to the effect that you were the victim of racial discrimination of
such a nature and extent that the upgrade of your discharge is warranted.
You had an extensive prior disciplinary record, to
In view of the foregoing, your application has been denied. 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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