DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR
Docket No:
15 May 2002
7803-01
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title
States Code, Section 1552.
10, United
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 14 May 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.
your application, together with all material submitted in support
and applicable statutes, regulations,
thereof, your naval record,
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.
You enlisted in the Navy on 22 August 1977 at the age of 18.
Your record reflects that on 13 May 1978 you received nonjudicial
punishment (NJP) for nine periods of absence from your appointed
place of duty and failure to obey a lawful order. The punishment
imposed was confinement on bread and water for two days.
August and again on 15 December 1978 you received NJP for nine
periods of absence from your appointed place of duty.
On 21
During the period from 1 February to 22 September 1979 you
received NJP on three occasions for five periods of absence from
dereliction in the performance of
your appointed place of duty,
On 9 November 1979 you were
your duties, and disrespect.
convicted by summary court-martial (SCM) of two periods of
unauthorized absence (UA) totalling 26 days and were sentenced to
confinement at hard labor for 30 days.
later, on 8 December 1979, you received NJP for absence from your
appointed place of duty and drinking beer while being escorted to
confinement.
The punishment imposed was confinement on bread and
water for three day, which was suspended for six months, a $150
forfeiture of pay, and a reduction to
Approximately a month
paygrade E-l.
On 5 December 1979 you were notified of pending administrative
separation action by reason of misconduct due to frequent
involvement of a discreditable nature with military and civilian
authorities.
legal counsel and to present your case to an administrative
discharge board.
statement requesting an immediate discharge:
At that time you waived your rights to consult with
You did, however, submit the following
In my behalf, I am writing this statement towards being
administratively processed out of the United States Navy.
I have now been in the Navy for more than 2 years and so far
I haven't past the
evaluations been past 2.8 average more than a couple of
times.
paygrade of E-2 nor has any of my
I very seldom get along with a lot of my leading petty
officers or division officers.
I feel it would do the Navy and myself a great deal of good
to have me removed from the military.
On 25 February 1980 you received your eighth NJP for dereliction
The
in the performance of your duties and sleeping on watch.
punishment imposed was restriction and extra duty for 20 days.
Subsequently, on 13 March 1980, your commanding officer
recommended an other than honorable discharge by reason of
misconduct due to frequent involvement of a discreditable nature
with military or civilian authorities.
discharge authority directed an other than honorable discharge by
reason of misconduct.
On 16 June 1980 you were so discharged.
On 31 May 1980 the
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 contentions that you were
falsely charged and treated as a scapegoat.
concluded these factors and contentions were not sufficient to
warrant recharacterization of your discharge because of the
serious nature of your repetitive misconduct, which resulted in
eight
no evidence in the record,
your contentions of false charges or mistreatment.
your application has been denied.
NJPs and a court-martial conviction.
However, the Board
and you submitted none, to support
Furthermore, there is
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
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