DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
CRS
Docket No: 6400-01
12 August 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,
application on 7 August 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
thereof, your naval record and applicable statutes, regulations
and policies.
Your allegations of error and
considered your
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 29 June 1979 at
age 22.
The record reflects that you received three nonjudicial
punishments.
of which were upon a petty officer and a chief petty officer;
engaging in a fist fight;
five instances of failure to obey a
lawful order; five instances of disrespect; resisting
apprehension on two occasions; breaking restriction; two
instances of breach of the peace;
The offenses included six instances of assault, two
and communicating a threat.
On 26 March 1981 the commanding officer recommended that you be
separated with an other than honorable discharge by reason of
misconduct.
waive the right to present your case to an administrative
discharge board.
After review by the discharge authority, the
recommendation for separation was approved and on 20 April 1981
you received an other than honorable discharge.
When informed of the recommendation, you elected to
In its review of
potentially mitigating factors,
you: application the Board carefully weighed all
such as your youth and
However, the Board concluded that these factors were
In this regard,
immaturity.
not sufficient to warrant recharacterization of your discharge,
given your record of frequent involvement with military
authorities.
the Board noted that you were the
subject of three nonjudicial punishments within a period of less
than two years for 23 offenses that included an assault on a
chief petty officer.
that no change to the discharge is warranted.
application has been denied.
of the panel will be furnished upon request.
Based on the foregoing, the Board concluded
Accordingly, your
The names and votes of the members
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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