DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
NAVY
ANNEX
2
WASHINGTON DC 20370-510
0
S
JRE
Docket No:
18 November 2002
8095-02
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 31 October 2002. Your allegations of error and
injustice were reviewed in accordance with administrative regulations and procedures
applicable to the proceedings of this Board.
consisted of your application, together with all material submitted in support thereof, your
naval record and applicable statutes, regulations and policies.
Documentary material considered by the Board
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.
Board found that you enlisted in the Navy on 25 November 1980.
The
by special court-martial on 14 November 1981 of assault and wrongfully using provoking
language, and were sentenced to be confined at hard labor for 20 days, to forfeit $360.00 pay
per month for one month, reduction to grade E- 1, and a bad conduct discharge.
underwent a pre-separation physical examination on 11 January 1982, and were found to be
physically qualified for separation. You were separated from the service with a bad conduct
discharge on 21 April 1983, upon completion of the appellate review of your conviction and
sentence.
You were convicted
You
The Board noted that a discharge pursuant to the sentence of a court-martial takes precedence
over disability evaluation. Accordingly, and as there is no indication in the available records
that you were unfit for duty by reason of physical disability, the Board was unable to
recommend that your request for disability retirement or separation be granted.
that given the serious nature of the offenses of which you were convicted by special
martial, and the nonjudicial punishment you received on 10 March 1980 for wrongful
court-
It concluded
possession of marijuana, your service was properly characterized by a bad conduct discharge.
In view of the foregoing, your application has been denied.
members of the panel will be furnished upon request.
The names and votes of the
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
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