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NAVY | BCNR | CY2002 | 07438-01
Original file (07438-01.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

TRG
Docket No:
14 February 2002

7438-01

Dear-

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 12 February 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
your application,
thereof, your naval record and applicable statutes, regulations
and policies.

Documentary material considered by the Board consisted of
together with all material submitted in support

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.

You enlisted in the Naval Reserve on 5
November 1982 at age 20
and reported for three years of active
duty on 10 November 1982.
A special court-martial convened on 16
December 1983 and
convicted you of an authorized absence
of about 167 days.
court sentenced you to restriction, forfeitures of pay and
confinement at hard labor for 45 days.

The

On 8 January 1984 you were notified of separation processing by
reason of misconduct due to your commission of a serious offense.
In connection with this processing, you elected to waive your
right to have your case heard by an administrative discharge
board.
On 9 February 1984 the Assistant Secretary of the Navy
(Manpower and Reserve Affairs) approved the recommendation of
your commanding officer and the Chief of Naval Personnel that you
be discharged for misconduct with a discharge under other than
honorable conditions.
You were so discharged on 28 February
1984.

In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, and your
contention, in effect,

that you became an unauthorized absentee

because your father was dying of cancer.
these factors and contentions were not sufficient to warrant
recharacterization of your discharge given your conviction by a
special court-martial of an unauthorized absence of about 167
days, a period of more than five months.
that your total period of service was only slightly more than 15
months.
issued and no change is warranted.

The Board concluded that the discharge was proper as

The Board found that

The Board further noted

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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