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NAVY | BCNR | CY2002 | 07130-02
Original file (07130-02.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 CR5
Docket No: 7130-02
21 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 20 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 11 April 1980. On 19 May 1982 you were convicted by civil authorities of grand theft auto. The court sentenced you to confinement for two years, but the sentence was suspended and you were put on probation for two years. Subsequently, on 18 June 1982 you received nonjudicial punishment for unauthorized absences totaling 45 days.

On 23 June 1982 the commanding officer recommended that you be separated with an other than honorable discharge by reason of misconduct due to your civil conviction. When informed of the recommendation, you elected to waive the right to present your case to an admihistrative discharge board. After review by the discharge authority, the recommendation for separation was approved and on 1 July 1982 you received an Qther 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 the seriousness of the civil conviction and the lengthy period of your unauthorized absence. 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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