DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
WMP
Docket No:
22 November 2002
4971-02
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 20 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 15 October 1976
for four years at age 18.
You served without incident until 30
June 1977, when you received nonjudicial punishment (NJP) for
failure to obey a written regulation.
was 14 days of restriction.
The punishment imposed
On 14 July 1977 you received NJP for failure to obey a lawful
order and failure to go to your appointed place of duty.
punishment imposed was 10 days of extra duty.
you again received NJP for failure to go to your appointed place
of duty.
The punishment imposed was 5 days of extra duty.
On 26 August 1977
The
On 29 August 1977 you were counseled concerning your conduct and
warned that continued misconduct could disqualify you for an
honorable discharge.
YOU received NJP on 30 September 1977 for underage drinking and
interfering with the shore patrol.
10 days of restriction and extra duty.
received NJP for two instances of failure to go to your
appointed place of duty.
extra duty.
failure to go to your appointed place of duty.
imposed was 5 days of restriction and extra duty and a
forfeiture of $50.
You again received NJP on 11 November 1977 for
The punishment imposed was
On 13 October 1977 you
The punishment imposed was 6 days of
The punishment
On 15 November 1977, you were notified that separation action
was being initiated by reason of misconduct due to frequent
involvement of a discreditable nature with military authorities.
You were advised of and retained all of your procedural rights,
however, you waived your right to an administrative discharge
board (ADB) in exchange for a general discharge.
On 25 November 1977, your commanding officer forwarded the
separation action, recommending a general discharge due to
misconduct, to the Chief of Naval Personnel (CNP).
On 9
December 1977 CNP directed discharge and on 1 March 1978, you
received a general discharge.
In its review of your application the Board carefully weighed
all potentially mitigating factors such as your youth and
immaturity, and your contention that you were unjustly removed
from active duty and not provided treatment for your alcoholism.
However, the Board concluded that you could have received an
other than honorable discharge based on your six
month period had you not made an agreement with the commanding
officer for a general discharge.
evidence provided or available that you were diagnosed as
alcohol dependent or that you requested or were refused alcohol
treatment.
Therefore, the Board concluded that your general
discharge for misconduct was appropriate and that you were not
unjustly discharged, but were, in fact, fortunate to have
received a general discharge and not an other than honorable
discharge.
your application has been denied.
names and votes of the members of the panel will be furnished
upon request.
Furthermore, there was no
Accordingly,
NJP's in a six
The
You are entitled to have
In this regard,
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
Sincerely,
W. DEAN PFEIFFER
Executive Director
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