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NAVY | BCNR | CY2002 | 07120-02
Original file (07120-02.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
         WASHINGTON DC 20370-5100
                  CRs
 Docket No: 7120-02
28 August 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 27 August 2003. 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 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 6 July 1973. The record reflects that you received four nonjudicial punishments. The offenses included unauthorized absences totalling four or more days, failure to obey a lawful order on two occasions, and absence from your appointed place of duty on five occasions.

On 29 March 1977 the commanding officer recommended that you be separated with an other than honorable discharge by reason of misconduct. When informed of this recommendation, you elected to waive the right to present your case to an administrative discharge board. Subsequently, on 20 April 1977 you received a fifth nonjudicial punishment for failure to obey a lawful order on three occasions and absence from your appointed place of duty. After review by the discharge authority, the recommendation for separation was approved and on 6 May 1977 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 immaturity. 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. In this regard, the Board noted that you were the subject of five disciplinary actions within a period of less than four years. Based on the foregoing, the Board concluded that no change to the discharge 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 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

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