DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
CRS
Docket No: 3847-02
26 August 2002
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title
States Code, Section 1552.
10, United
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.
your application, together
thereof, your naval record and applicable statutes, regulations
and policies.
Documentary material considered by the Board consisted of
Vith all material submitted in support
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 offenses included
The Board found that you enlisted in the Navy on 28 April 1966.
Prior to the offenses for which you received a punitive
discharge, you received five nonjudicial punishments and were
convicted by two courts-martial.
unauthorized absences totalling 145 days, failure to obey a
lawful order, disrespect, missing ship's movement on two
occasions, and breaking restriction.
A third special court-martial convened on 3 November 1970 and
found you guilty of unauthorized absences totalling 185 days.
The court sentenced you to confinement at hard labor for five
months, forfeitures of $91 per month for five months, reduction
in pay grade, and a bad conduct discharge.
appellate review, you received the bad conduct discharge on 3
March 1972.
After completion of
On 12 January 1976 you were issued a clemency discharge.
action restored
benefits.
civil rights, although not veterans rights or
.
This
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and
However, the Board concluded that these factors were
immaturity.
not sufficient to warrant recharacterization of your discharge
due to your eight disciplinary actions during an enlistment that
lasted less than six years.
unauthorized absences
application has been denied.
of the panel will be furnished upon request.
Accordingly, your
The names and votes of the members
The Board also noted that your
totalled eleven months.
It is regretted that the circumstances of your case are such that
You are entitled to have the
favorable action cannot be taken.
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
2
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