DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR
Docket No: 5812-00
26 February 2001
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 13 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice
.
The Board found you enlisted in the Naval Reserve on 19 March
1979 at the age of 17.
1979 you received nonjudicial punishment
period of unauthorized absence (UA) and absence from your
appointed place of duty.
forfeiture of pay and restriction and extra duty for seven days.
Your record reflects that on 7 December
The punishment imposed was a $100
(NJP) for a four day
two periods of UA totalling eight
two specifications of breaking restriction.
Your record further reflects that on 10 January and 21 February
1980 you received NJP for 11 specifications of failure to go to
your appointed place of duty,
days, and
April and again on 8 May 1980 you received NJP for eight
specifications of failure to go to your appointed place of duty,
two periods of UA totalling five days, disobedience, drinking
alcohol while on restriction,
incapacitated for duty, breaking restriction, and possession of
marijuana.
convicted by special court-martial (SPCM) of five periods of UA
totalling 13 days, two specifications of failure to go to your
two specifications of being
Shortly thereafter, on 18 June 1980, you were
On 3
appointed place of duty, and missing the movement of your ship.
You were sentenced to confinement at hard labor for three months,
a $870 forfeiture of pay, and a bad conduct discharge (BCD).
BCD was suspended for a year.
The
On 6 and 27 January 1981 you received NJP for three periods of
absence from your appointed place of duty, refusal to surrender
an identification card, breaking restriction, and misbehavior of
a lookout in that you abandoned your watch.
_-
NJPs and a court-martial conviction.
You were notified of pending administrative separation action by
reason of misconduct due to frequent involvement of a
discreditable nature with military authorities as evidenced by
At this time you
seven
waived your right to consult with legal counsel and to present
your case to an administrative discharge board or submit a
statement in rebuttal to the separation.
recommended you be issued an other than honorable discharge by
reason of misconduct due to frequent involvement of a
discreditable nature with military authorities. Subsequently, the
discharge authority approved this recommendation and directed an
other than honorable discharge.
discharged.
Your commanding officer
On 2 April 1981 you were so
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity and your good post service conduct.
However, the Board concluded these factors were not sufficient to
warrant recharacterization of your discharge given the serious
nature of your frequent misconduct which resulted in seven
and a court-martial conviction.
your case, the Board concluded your discharge was proper as
issued and no change is warranted.
has been denied.
NJPs
Given all the circumstances of
Accordingly, your application
The names and votes of the members of the panel will be furnished
upon request.
It is regretted that the circumstances of your case are such that
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.
2
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.
Sincerely,
W. DEAN PFEIFFER
Executive Director
_-
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