DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
CRS
Docket No: 6259-01
15 January 2002
Your allegations of error and
Dear-
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 9 January 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
Board.
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 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 8 September 1975
The record reflects that you received two nonjudicial
at age 17.
punishments.
totalling 86 days and missing ship's movement on three occasions.
On 22 December 1977 the commanding officer recommended that you
be separated with a general discharge by reason of misconduct.
you elected to waive the
When informed of the recommendation,
right to present your case to an administrative discharge board.
After review by the discharge authority, the recommendation for
separation was approved and you were discharged with a general
discharge on 29 December 1977.
In its review of your application the Board carefully weighed all
potentially mitigating factors,
and the contention that alcohol abuse caused your misconduct.
However, the Board concluded that these factors were not
sufficient to warrant recharacterization of your discharge, given
your record of frequent involvement with military authorities.
The offenses included unauthorized absences
such as your youth and immaturity
The Board especially noted the fact that you were the subject of
two disciplinary actions within a period of less than three years
totalled nearly three months. In
and your unauthorized absences
this regard, individuals discharged by reason of misconduct often
receive other than honorable discharges.
Further, alcohol abuse
Therefore, the Board concluded that
does not excuse misconduct.
you were fortunate to receive a general discharge.
Accordingly,
your application has been denied.
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.
The names and votes of the
Sincerely,
W. DEAN PFEIFFER
Executive Director
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