DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR
Docket No: 8131-01
24 May 2002
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.
sitting in executive session, considered your
A three-member panel of the Board for Correction of Naval
Records,
application on 21 May 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 policies.
together with all material submitted in support
and applicable statutes, regulations,
Documentary material considered by the Board consisted of
Your allegations of error and
After careful and conscientious consideration of the entire
record,
to establish the existence of probable material error or
injustice.
the Board found the evidence submitted was insufficient
You enlisted in the Navy on 12 March 1979 at the age of 18. On
16 April 1979 you received nonjudicial punishment
failure to obey a lawful order and were awarded a
of pay.
your appointed place of duty and larceny.
was a $100 forfeiture of pay,
paygrade E-l.
reduction to
suspended for three months.
On 1 November 1980 you received NJP for absence from
restriction for 15 days, and
The restriction and reduction were
The punishment imposed
(NJP) for
$100 forfeiture
On 21 January 1981 you received NJP for two specifications of
disrespect and disobedience.
restriction and extra duty for 30 days and a $200 forfeiture of
The suspended reduction was also vacated at this time. On
pay.
23 February 1981 you received your fourth NJP for a five day
period of unauthorized absence (UA), disrespect, and
The punishment imposed was
The punishment imposed was bread and water for
disobedience.
three days and a $150 forfeiture of pay.
were convicted by summary court-martial (SCM) of absence from
your appointed place of duty.
for 21 days and a $100 forfeiture of pay.
You were sentenced to restriction
On 2 September 1981 you
You waived your rights to consult with legal
On 12 October 1981 your commanding officer recommended a
On 8 October 1981 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.
counsel and to present your case to an administrative discharge
board.
general discharge by reason of misconduct due to frequent
involvement of a discreditable nature with military authorities.
This recommendation was approved and the discharge authority
directed a general discharge by reason of misconduct.
it there is no Certificate of Release or Discharge from Active
Duty (DD Form 214) in the record,
discharged on 23 November 1981.
it appears that you were so
Although
It also considered your
in its review of your entire record and application,
The Board,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity and the fact that it has been more than
20 years since you were discharge.
contentions that your discharge is an injustice against your
character and the reason for separation makes the assumption that
you had civilian charges as well as military offenses, and the
characterization of your discharge prevents you from gaining
employment in law enforcement.
these factors and contentions were not sufficient to warrant
recharacterization of your discharge or a change in the narrative
reason for separation because of your repetitive misconduct,
which resulted in four
Further,
passage of time.
no discharge is automatically upgraded due to the
NJPs and a court-martial conviction.
Nevertheless,
the Board concluded
Accordingly,
your application has been denied.
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
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,
presumption of regularity attaches to all official records.
it is important to keep in mind that a
You are entitled to have the
2
Consequently,
record,
existence of probable material error or injustice.
the burden is on the applicant to demonstrate the
when applying for a correction of an official naval
Sincerely,
W. DEAN PFEIFFER
Executive Director
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