DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TRG
Docket No:
7 February 2001
5687-00
Dear
__
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 6 February 2001.
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.
The Board found that you enlisted in the Navy on 28 September
1983 at age 23.
nonjudicial punishment on two occasions for two periods of
unauthorized absence totaling about 29 days.
The record shows that during 1984 you received
The court sentenced you to reduction to pay grade E.-l,
A special court-martial convened on 7 January 1987 and convicted
you of two periods of unauthorized absence totaling about 368
days.
forfeitures of $438 pay per month for four months, confinement at
hard labor for 100 days,
Subsequently, the confinement in excess of 60 days was suspended
for a probationary period of 12 months.
You began appellate
leave on 22 January 1987 and remained in that status until the
bad conduct discharge was issued on 26 January 1988.
and a bad conduct discharge.
In its review of your application the Board carefully weighed all
potentially mitigating factors such as your contention, in
effect, that you were improperly punished because of unspecified
illegal orders and destruction of official records.
The Board
found that these factors and contentions were not sufficient to
warrant recharacterization of your discharge given your
conviction by court-martial of two lengthy periods of
unauthorized absence.
vou have submitted none,
of records.
issued and no change is warranted.
The Board concluded that the discharge
There is no evidence in the record, and
concerning illegal orders or destruction
was proper as
Accordingly, your application has been denied.
votes of the members of the panel will be furnished
The names and
upon request.
It is regretted that the circumstances of your case
You are entitled to have the
favorable action cannot be taken.
Board reconsider its decision upon submission of new and-material
evidence or other matter not previously considered by the Board.
In this regard, it is important to keep in mind that 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.
are such that
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
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