DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
Z’NAVY ANNEX
WASHINGTON DC 20370-5100
WMP
Docket No:
23 January 2003
5345-02
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 15 January 2003.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
of your application, together with
support thereof, your naval record and applicable statutes,
regulations and policies.
Documentary material considered by the Board consisted
all material submitted in
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 Naval Reserve on 3
November 1978 and immediately commenced a 36 month period of
active duty at age 17.
without incident until you received nonjudicial punishment (NJP)
for larceny.
The punishment imposed was forfeitures of $209 per
month for two months,
six days of restriction, and five days of
extra duty.
Your record shows that you served
Your record further shows that you were an unauthorized absentee
(UA) from 21 June to 10 July 1979, a period of 19 days. Even
though you were charged lost time for this period of UA it
appears that no disciplinary action was taken.
On 29 July 1980 you were convicted by a special court-martial of
two periods of unauthorized absence totaling 131 days, from 31
You were sentenced to confinement at hard
January to 26 March 1980 and 28 April to 14 July 1980; and
breaking restriction.
labor for two months, forfeitures of $250 per month for two
months, a reduction in rate, and a bad conduct discharge.
October 1980, the convening authority approved the adjudged
sentence.
While awaiting review of your adjudged bad conduct
discharge, you again began a period of unauthorized absence on
20 October 1980 and remained absent until 25 January 1981, a
period of 95 days.
On 14
On 18 February 1981, you were found to be drug dependent.
Your
records indicate that you had previously used numerous different
types of drugs, including heroin and amphetamines, which you
were injecting with the use of needles.
court-
On 17 September 1981 you were convicted by a special
martial of two instances of failure to go to your appointed
place of duty, failure to obey a lawful order, disrespectful in
language towards a senior petty officer, breaking restriction,
and three instances of UA totaling 189 days, from 20 October
1980 to 25 January 1981, 10 to 30 April 1981, and 7 June to 1
September 1981.
You were sentenced to confinement at hard labor
for 90 days, and forfeitures of $334 per month for three months.
On 2 December 1981, the convening authority reduced the sentence
to confinement at hard labor to no more than 45 days.
On 8 April 1982, upon completion of appellate review, you
received the bad conduct discharge.
In its review of your application the Board carefully weighed
all potentially mitigating factors such as your youth,
immaturity and your current medical condition.
However, the
Board concluded that your conviction by court-martial for two
periods of unauthorized absence totaling 131 days, coupled with
your prior NJP record for larceny and an additional 19 day
period of unauthorized absence,
punishment.
that you were drug dependent,
repeated periods of unauthorized absence or other misconduct
committed during your enlistment.
has been denied.
panel will be furnished upon request.
Additionally, even though your record indicates
that fact would not excuse your
The names and votes of the members of the
clearly warranted severe
Accordingly, your application
2
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
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
In this regard,
Sincerely,
W. DEAN PFEIFFER
Executive Director
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