DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TRG
Docket No:
9 October 2002
4273-02
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 8 October 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.
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.
You enlisted in the Navy on 28 February 1979 at age 18.
the period from 26 September 1979 to 28 August 1981 you received
nonjudicial punishment on four occasions and were convicted by a
special court-martial.
unauthorized absence totaling about 91 days, missing ship's
movement, disobedience, disrespect,
Your offenses included 11 periods of
During
and breaking restriction.
Based on the foregoing record, you were processed for an
administrative discharge by reason of a pattern of misconduct.
In connection with this processing, you elected to waive the
right to have your case considered by an administrative discharge
board.
act on your case, you began a period of unauthorized absence that
lasted until you were.apprehended 696 days later.
On 4 September 1981, before the discharge authority could
A special court-martial convened on 23 September 1983 and
convicted you of the 696 day period of unauthorized absence.
court sentenced you to reduction to pay grade E-l, forfeiture of
$280 pay per months for two months, confinement at hard labor for
two months and a bad conduct discharge.
Subsequently, you began
appellate leave and remained in that status until the bad conduct
The
discharge was issued on 13 July 1984.
In its review of your application the Board carefully weighed all
such as your youth and the fact
potentially mitigating factors,
that you have had a bad conduct discharge for over 18 years.
Board found that these factors and contentions were not
sufficient to warrant recharacterization of your discharge given
the frequency of your misconduct and especially your final
lengthy period of unauthorized absence.
the discharge was proper as issued and no change is warranted.
The Board concluded that
The
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
The names and
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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