DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
TJR
Docket No: 6162-01
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.
Your allegations of error and
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.
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 on 15 February 1984 you
The Board found you enlisted in the Navy on 27 June 1983 at the
age of 20.
received nonjudicial punishment (NJP) for wrongful use of
marijuana and were awarded restriction and extra duty for 45
days, a $668.90 forfeiture of pay,
rate.
and a suspended reduction in
Your record further reflects that on 12 April 1985 you were
convicted by special court-martial (SPCM) of four periods of
unauthorized absence (UA) totalling 226 days.
to a $1,200 forfeiture of pay,
days, reduction to
(BCD) .
were so discharged on 24 June 1985.
After the BCD was approved at all levels of review, you
You were sentenced
paygrade E-l, and a bad conduct discharge
confinement at hard labor for 90
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 contention that your periods
of UA resulted from family problems.
The Board also considered
the American Legion letter submitted in support of your case.
However, the Board concluded these factors and contention were
not sufficient to warrant recharacterization of your discharge
because of your frequent and lengthy periods of UA and drug
Given all the circumstances of your case, the Board
abuse.
concluded your discharge was proper as issued and no change is
warranted.
Accordingly, your application has been denied.
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.
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
2
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