DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR
Docket No: 7139-00
28 March 2001
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 21 March 2001.
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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
The Board found you enlisted in the Navy on 10 September 1979 at
the age of 18.
Your record reflects that you served for a year
and seven months without disciplinary incident but on 14 April
1981 you received nonjudicial punishment (NJP) for assault and
were awarded a $150 forfeiture of pay.
received NJP for absence from your appointed place of duty and
dereliction in the performance of your duties.
imposed was restriction and extra duty for 10 days and a $75
forfeiture of pay.
On 16 July 1982 you
The punishment
Your record further reflects that on 1 March 1983 you were
convicted by special court-martial (SPCM) of four incidents of
failure to go to your appointed place of duty, three incidents of
disobedience, dereliction in the performance of your duties,
making a false official statement,
and using indecent language.
You were sentenced to confinement at hard labor for 45 days and a
$760 forfeiture of pay.
you received your NJP for two incidents of using provoking
speech.
On 10 June and again on 3 October 1983
On 1 November 1984 you were released from active duty under
honorable conditions and transferred to the Naval Reserve. At
that time your conduct average was 2.64.
the expiration of your military obligation, you were issued a
general discharge certificate.
On 13 October 1985, at
Character of service is based, in part, on conduct and overall
trait averages which are computed from marks assigned during
periodic evaluations.
required at the time of your service for a fully honorable
characterization of service.
An average of 3.0 in conduct was
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity and your contention that you served for
over five years and deserve an honorable discharge.
Board concluded these factors and contention were not sufficient
to warrant a change in the characterization of your service
because of your frequent misconduct, which resulted in five
disciplinary actions, and since your conduct average was
insufficiently high to warrant an honorable discharge.
the circumstances of your case,
discharge was proper and no change is warranted.
your application has been denied.
the Board concluded your
However, the
Given all
Accordingly,
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
You are entitled to have the
favorable action cannot be taken.
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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