DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
CRS
Docket No: 7635-01
28 February 2002
Dear
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.
.February 2002.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 6
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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The offenses included an unauthorized absence of 17
The record reflects that you received two nonjudicial
The Board found that you enlisted in the Navy on 9 March 1989 at
age 26.
punishments.
days and failure to obey a lawful order on two occasions.
Subsequently, you were convicted by civil authorities of driving
to the left of the center line, unlawful flight, driving while
intoxicated, speeding in excess of 100 miles per hour, vehicular
assault, and criminal impersonation.
The court sentenced you to
a year in jail, which was suspended, and a $1,000 fine.
A special court-martial convened on 21 February 1990 and you were
found guilty of an unauthorized absence of 58 days and breaking
restriction.
labor for four months,
months, and a bad conduct discharge.
conduct discharge on 3 April 1992.
The court sentenced you to confinement at hard
forfeiture of $482 per month for four
You received the bad
In its review of your application the Board carefully weighed all
However, the Board concluded that these factors
potentially mitigating factors, such as the contention, in
effect, that your special court-martial was improper and should
be reviewed.
were not sufficient to warrant recharacterization of your
discharge due to the fact that your unauthorized absences
totalled more than two months,
actions and a civil conviction.
prohibited by law from reviewing the findings of a court-martial
and must restrict its review to determine if the sentence of the
court-martial should be reduced as a matter of clemency.
on the foregoing, the Board concluded that no change to the
discharge is warranted.
denied.
furnished upon request.
Accordingly, your application has been
The names and votes of the members of the panel will be
and you had two prior disciplinary
In this regard, the Board is
Based
It is regretted that the circumstances of your case are such that
favorable action cannot be taken.
You are entitled to have the
rec0nside.r its decision upon submission of new and material
Board
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 | 05057-02
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. The...
NAVY | BCNR | CY2002 | 06342-01
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 1 November 1960 you received NJP for On 30 January 1961 you were convicted by convicted by summary court-martial (SCM) of absence from your appointed place of duty and were sentenced to restriction and extra duty for 10 days and a $40 forfeiture of pay. Consequently, when applying for a...
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 | CY1999 | 07172-99
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 February 2000. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Documentary material considered by the Board consisted of Board. While you were placed in a rehabilitation Whether you The Board concluded that recharacterization of your discharge is not warranted given your record of...
NAVY | BCNR | CY2002 | 05744-00
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 February 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 and applicable statutes, regulations, thereof, your naval record, and policies. immediate...
NAVY | BCNR | CY2002 | 02604-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 August 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. You were sentenced to confinement at forfeitures of $400 per month for three paygrade E-l, and a bad conduct discharge. conviction of four periods of unauthorized absence totaling more than 96 days warranted severe...
NAVY | BCNR | CY2002 | 06286-01
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. You received the bad conduct discharge on 17 May 1971. 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.
NAVY | BCNR | CY2002 | 04273-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 October 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Documentary material considered by the Board consisted of Board. Board found that these factors and contentions were not sufficient to warrant recharacterization of your discharge given the frequency of your misconduct and...
NAVY | BCNR | CY2002 | 04877-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 November 2002. You received the bad conduct discharge on 21 January 1958. 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.
NAVY | BCNR | CY2002 | 06039-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 February 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. convicted by SPCM of the four specifications of disobedience and sentenced to confinement at hard labor for 75 days, a $744 forfeiture of pay, reduction to discharge (BCD). 1978 you were convicted by SPCM of two periods...