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NAVY | BCNR | CY2002 | 04952-02
Original file (04952-02.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD
ANNEX

NAVY 

2 

WASHINGTON DC 20370-510

0

S

WMP
Docket  No:
15 November 2002

4952-t

32

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 reenlisted in the Navy on 31 March 1978
for four years at age 21.
You served without incident until 2
March 1979, when you received nonjudicial punishment (NJP) for
unauthorized absence from 22 January to 21 February 1979, a
period of 30 days.
$200 and reduction to  

The punishment imposed was a forfeiture of

paygrade E-2.

You also received NJP on 25 January 1980 for six instances of
failure to go to your appointed place of duty.
imposed was 21 days of restriction and extra duty.
1980 you were convicted by a special court martial for
unauthorized absence from 16 June to 13 November 1979, a period
of 150 days; failure to go to your appointed place of duty and
missing ship's movement.
You were sentenced to confinement at
  $300 per month
hard labor for three months and forfeitures of

The punishment
On 8 April

for three months.
approved the adjudged sentence and ordered its execution.

On 20 March 1980, the convening authority

On 16 April 1980, you were notified that separation action was
being initiated by reason of unsuitability.
and waived all of your procedural rights.
received a general discharge by reason of unsuitability and the
assigned an RE-4 reenlistment code.

You were advised of
On 25 April 1980 you

In its review of your application the Board carefully weighed
all potentially mitigating factors such as your youth and
immaturity, and your contention that your misconduct was the
Nevertheless, the
result of family problems and bad advice.
Board concluded that your general discharge were appropriate
based on your two  
150 days of unauthorized absence.
were provided bad advice,
You should consider yourself fortunate to have been given a
general discharge instead of an other than honorable discharge,
which was normally issued for this type of misconduct.
Accordingly, your application has been denied.
votes of the members of  
request.

Additionally, even if you
this cannot excuse your misconduct.

th.e panel will be furnished upon

NJP's and special court martial conviction for

The names and

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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