DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR
Docket No: 6039-01
12 February 2002
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 5 February 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
and applicable statutes, regulations,
thereof, your naval record,
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.
Your record reflects that during the period from 8
The Board found you enlisted in the Navy on 9 January 1975 at the
age of 19.
February to 31 July 1975 you received nonjudicial punishment
(NJP) on five occasions for two specifications of disobedience,
disrespect, absence from your appointed place of duty, and three
On 30
periods of unauthorized absence (UA) totalling 40 days.
December 1975 you were convicted by special court-martial
of failure to obey a lawful order,
property valued at $150.
hard labor for three months and a $500 forfeiture of pay.
(SPCM)
sleeping on watch and theft of
You were sentenced to confinement at
During the period from 21 June to 13 October 1976 you received
NJP on four more occasions for two periods of absence from your
loss of an identification card, drunk
appointed place of duty,
and two specifications of
and disorderly conduct, disrespect,
failure to obey a lawful order.
Your record further reflects that on 25 May and 9 June 1977 you
submitted written requests for a general discharge for the good
of the service in lieu of disciplinary action for four
specifications of disobedience, disrespect, failure to obey a
lawful order, and possession of marijuana.
1977, this request was denied.
convicted by SPCM of the four specifications of disobedience and
sentenced to confinement at hard labor for 75 days, a $744
forfeiture of pay, reduction to
discharge (BCD).
possession of marijuana and were awarded restriction and extra
duty for 4 days.
On 6 December 1977 you received NJP for
paygrade E-l, and a bad conduct
On 3 August 1977 you were
However, on 13 June
On 13 February 1978 you received NJP for absence from your
appointed place of duty.
and extra duty for 14 days and a $40 forfeiture of pay.
1978 you were convicted by SPCM of two periods of UA
days.
Subsequently, the BCD
days and a $200 forfeiture of pay.
adjudged at the SPCM of 6 December 1977 was approved at all
levels of review and on 22 November 1978 you were so discharged.
You were sentenced to confinement at hard labor for 60
The punishment imposed was restriction
On 2 May
totalling 17
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 post service conduct.
However, the Board concluded these factors were not sufficient to
warrant recharacterization of your discharge because of your
NJPs and three
repetitive misconduct, which resulted in 11
Given all the circumstances of your case,
martial convictions.
the Board concluded your discharge was proper as issued and no
change is warranted.
denied.
Accordingly, your application has been
court-
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
favorable action cannot be taken.
You are entitled to have the
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.
Sincerely,
W. DEAN PFEIFFER
Executive Director
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