DEPARTMENT OF THE NAVY
B O A R D F O R C O R R E C T I O N O F N A V A L R E C O R D S
2 N A V Y A N N E X
W A S H I N G T O N DC 20370-5100
TJR
Docket No: 4265-02
9 January 2003
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 January 2003. Your allegations of error and
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.
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 24 August 1977 at the age of 17. On
14 May 1978 you received nonjudicial punishment (NJP) for
possession of marijuana, absence from your appointed place of
duty, and wrongful possession of a switchblade. The punishment
imposed was a $150 forfeiture of pay and restriction and extra
duty for 45 days. On 25 August 1978 you received NJP for a three
day period of unauthorized absence (UA), possession of marijuana,
and escaping from custody. The punishment imposed was
restriction for 60 days, a $400 forfeiture of pay, and reduction
to paygrade E - 1 .
On 21 January 1979 you began a 774 day period of UA that was not
terminated until 23 March 1981. On 29 April 1981 you were
notified of pending separation action by reason of misconduct due
to this prolonged period of UA. At that time you waived your
right to consult with legal counsel and to present your case to
an administrative discharge board. On 1 March 1981 your
commanding officer recommended an other than honorable discharge
by reason of misconduct. Subsequently, the discharge authority
directed an other than honorable discharge by reason of
misconduct, and on 13 May 1981 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. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge because of your repetitive misconduct and
lengthy period of UA. Accordingly, 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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