DEPARTMENTOFTHE NAV
Y
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
WMP
Docket No:
18 November 2002
4912-02
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 14 November 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
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 consisted
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 Board found that you enlisted in the Navy on 26 July 1976
for four years at age 17.
psychiatric evaluation due to anxiety, depression, and suicidal
ideation and were diagnosed with a passive aggressive
personality disorder.
for administrative separation due to the risk of harm to
yourself and others.
It was recommended that you be processed
On 8 May 1978 you received a
On 2 June 1978 you were notified that separation action was
being initiated by reason of unsuitability due to your diagnosed
personality disorder.
your procedural rights.
separation was forwarded to Chief of Naval Personnel
however, on 19 June 1978 you commenced a period of unauthorized
absence prior to approval of your separation.
On 5 June 1978, your proposed
You were advised of and waived all of
(CNP),
Your record reflects that you were an unauthorized absentee from
19 June 1978 to 30 January 1984, a period of 2,051 days.
On 23
March 1984 you were convicted by a special court-martial of the
2,051 day period of unauthorized absence.
confinement at hard labor for six months, forfeiture of $397 per
On 4 April
month for six months,
1984, the convening authority approved the adjudged sentence,
except for confinement in excess of 30 days and forfeitures in
excess of $397, both of which were suspended for 12 months. On
14 December 1984, upon completion of appellate review, you
received the bad conduct discharge.
and a bad conduct discharge.
You were sentenced to
which the court-martial correctly
Furthermore, no evidence was provided to support your
In its review of your application the Board carefully weighed
all potentially mitigating factors such as your youth,
immaturity and your contention that you were not an unauthorized
However, the Board concluded that your conviction of
absentee.
an unauthorized absence that lasted more than five years
warranted severe punishment,
imposed.
contention that you were not an unauthorized absentee and your
record clearly supports the fact that you became an unauthorized
The
absentee prior to the approval of the separation action.
Board thus concluded that the bad conduct discharge was
appropriate and should not be changed.
application has been denied.
of the panel will be furnished upon request.
The names and votes of the members
Accordingly, your
It is regretted that the circumstances of your case are such
that favorable action cannot be taken.
the Board reconsider its decision upon submission of new and
material evidence or other matter not previously considered by
the Board.
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.
it is important to keep in mind that
You are entitled to have
In this regard,
Sincerely,
W. DEAN PFEIFFER
Executive Director
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