DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVYANNEX
WASHINGTON DC 20370-5100
WMP
Docket No:
19 December 2002
5057-02
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 17 December 2002.
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.
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.
I
The Board found that you enlisted in the Navy on 14 May 1981 for
four years after about two months of prior active service.
Your
record shows that you served without incident until 14 December
(NJP) for false
1981, when you received nonjudicial punishment
official statement.
rate.
The punishment imposed was a reduction in
On 25 March 1982 you received NJP for a four day period of
unauthorized absence, from 17 to 21 March 1982.
imposed was 15 days of correctional custody.
The punishment
On 28 June 1982, you were convicted by a special court-martial
of 36 days of unauthorized absence,
1982.
days and forfeitures of $334 per month for two months.
from 28 April to 3 June
You were sentenced to confinement at hard labor for 75
On 5
August 1982, the convening authority approved the adjudged
sentence except for confinement in excess of 60 days, which was
suspended for a period of six months.
On 3 November 1982 you received NJP for a one day period of
authorized absence on 31 October 1982.
The punishment imposed
was forfeitures of $286 per month for two months and 45 days of
restriction and extra duty.
received NJP for failure to go to your appointed place of duty
and breaking restriction.
forfeiture of $382 and 30 days of restriction and extra duty.
On 24 November 1982, you again
The punishment imposed was a
On 9 February 1983, you were convicted by a special
martial of failure to go to your appointed place of duty and two
periods of unauthorized absence, totaling 36 days.
sentenced to 75 days of confinement and forfeitures of $382 per
month for two months.
On 9 February 1983, the convening
authority approved the adjudged sentence and ordered its
execution.
You were
court-
On 20 May 1983, you received NJP for a four day period of
unauthorized absence, from 7 to 11 March 1983.
imposed was 15 days of restriction and extra duty.
The punishment
On 31 October 1983 you were convicted by a special court-martial
of two periods of unauthorized absence, totaling 99 days.You
forfeitures of $382 per month for three months, and a bad
conduct discharge.
approved the adjudged sentence except for confinement in excess
of 60 days, which was suspended for a period of six months. On
8 April 1987, upon completion of appellate review, you received
the bad conduct discharge.
On 31 October 1983, the convening authority
were sentenced to confinement at hard labor for three months,
In its review of your application the Board carefully weighed
all potentially mitigating factors such as your youth,
immaturity and the fact that it has been over 15 years since
your discharge.
conviction of two periods of unauthorized absence totaling 99
days warranted severe punishment, which the court-martial
correctly imposed.
two prior court-martial convictions and five
which were related to other unauthorized absences totaling 81
Additionally, the Board noted that you had
However, the Board concluded that your
NJP's, most of
2
days.
was appropriate and should not be changed.
application has been denied.
of the panel will be furnished upon request.
The Board thus concluded that the bad conduct discharge
Accordingly, your
The names and votes of the members
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
In this regard, it is important to keep in mind that
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.
You are entitled to have
Sincerely,
W. DEAN PFEIFFER
Executive Director
3
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