DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
1
CRS
Docket No: 7579-02
24 January 2003
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 22 January 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 14 March 1972.
The record reflects that you received three nonjudicial
punishments.
eleven days, use and possession of marijuana, and being an
accessory after the fact.
The offenses included an an unauthorized absence of
forfeitures of $200 per month for six
A special court-martial convened on 28 September 1973 and found
you guilty of unauthorized absences totalling 55 days and
sleeping on watch.
The court sentenced you to confinement at
hard labor for six months,
months, reduction in pay grade, and a bad conduct discharge.
However, the bad conduct discharge was suspended for one year.
Subsequently, you were an unauthorized absentee from
to 9 May 1974, a period of 117 days.
1974 the suspended bad conduct discharge was ordered executed due
to this period of absence.
fourth nonjudicial punishment for this absence.
bad conduct discharge on 20 August 1974.
On 15 August 1974 you received a
Accordingly, on 8 August
12 January
You received the
On 17 May 1976 you were issued a clemency discharge.
restored civil rights,
This action
although not veterans rights or benefits.
totalled more
The Board also noted
Based on the foregoing, the
The names and
such as your youth and
However, you committed anothr offense, which resulted
However, the Board concluded that these factors were
In its review of your application the Board carefully weighed all
potentially mitigating factors,
immaturity.
not sufficient to warrant recharacterization of your discharge
due to the fact that your unauthorized absences
than six months, and given your drug abuse.
that the initial sentence to a bad conduct discharge was
suspended, thus giving you an opportunity to earn a better
discharge.
in the discharge being executed.
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.
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
NAVY | BCNR | CY2002 | 04951-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 December 2002. injustice were reviewed in accordance with administrative regulations and Board. Documentary material considered by the Board consisted your naval record and applicable statutes, pr0cedure.s applicable to the proceedings of this Your allegations of error and After careful and conscientious consideration of the entire record, the Board found that...
NAVY | BCNR | CY2002 | 10272-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 September 2003. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | BCNR | CY2002 | 10463-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 September 2003. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. On 19 January 1973 you were convicted by SPCM of two periods of UA totalling three days, You were sentenced to confinement at hard labor for two months, a $300 forfeiture of pay, and a bad conduct discharge (BCD). On...
NAVY | BCNR | CY2001 | 02116-01
A three-member panel of the Board for Correction of Navy Records, sitting in executive session, considered your application on 26 June 2001. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2002 | 04217-02
The court sentenced you to confinement at hard labor for six months, forfeitures of $97 per month for six months, and a bad conduct discharge. factors were'not suf:icient to warrant recharacterization of your However, the Board concluded that these discharge due to the fact that your unauthorized absences The Board also noted that the totalled more than six months. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...
NAVY | BCNR | CY2011 | 03897-11
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. On 3 March 1975, the convening authority approved the sentence, but the BCD and a period of confinement at hard labor were suspended for six months. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | BCNR | CY2002 | 06284-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 November 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. A special court-martial convened on 19 January 1968 and convicted you of an unauthorized absence of about 61 days. However, it does not change the facts of the underlying The Board concluded that the discharge was...
NAVY | BCNR | CY2003 | 02299-03
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 July 2003. 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. On 11 January and 8 July 1944 you were convicted by a deck court and received nonjudicial punishment for two periods of unauthorized absence totaling...
NAVY | BCNR | CY2002 | 04698-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 December 2002. 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. As a result of...
NAVY | BCNR | CY2001 | 04713-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your Your allegations of error and application on 20 November 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,...