DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 6577-02
11 June 2003
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the 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 21 May 2003.
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 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 26 May 1981.
The record reflets that you received three nonjudicial
punishments.
The offenses included destruction of government
property, failure to obey a lawful order on two occasions, breach
of the peace, provoking speeches or gestures, communication a
threat, absence from your appointed place of duty on seven
occasions, and dereliction of duty on two occasions.
On 13 July 1983 an administrative discharge board recommended
that you be separated with an other than honorable discharge by
reason of misconduct due to a pattern of misconduct.
Subsequently, on 17 August 1983 you received a fourth nonjudicial
punishment for failure to obey a lawful order on two occasions.
After review by the discharge authority, the recommendation for
separation was approved and on 12 September 1983 you received an
other than honorable discharge.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and
However, the Board concluded that these factors were
immaturity.
not sufficient to warrant recharacterization of your discharge,
given your four disciplinary actions for fifteen different
offenses within a period of less than three years.
Therefore,
the Board concluded that no change to the discharge is warranted.
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
The names and
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
2
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