Search Decisions

Decision Text

NAVY | BCNR | CY2002 | 09492-02
Original file (09492-02.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100



TJR
Docket No: 9492-02
29 August 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 26 August 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 the evidence submitted was insufficient to establish the existence of probable material error or injustice.

You enlisted in the Navy on 30 September 1977 at age 18. You served without disciplinary incident until 20 June 1979 when you received nonjudicial punishment (NJP) for absence from your, appointed place of duty and failure to obey a lawful order. The punishment imposed was restriction and extra duty for 15 days, a $150 forfeiture of pay, and reduction to paygrade E-1, which was suspended for six months. On 14 November 1979 you received NJP for absence from your appointed place of duty and sleeping on watch and were awarded restriction and extra duty for 15 days. The suspended reduction awarded at the 20 June 1979 NJP was also vacated at that time.

On 29 August 1980 you received NJP for improperly standing watch and were awarded a $100 forfeiture of pay and restriction and extra duty.

On 11 March 1981 you were convicted by summary court-martial (SCM) of two periods of absence from your appointed place of duty, two specifications of failure to obey a lawful order, and four specifications of assault. You were sentenced to confinement at hard labor for 30 days and a $100 forfeiture of pay. Approximately two months later, on 7 March 1981, you were again convicted by SCM of a four day period of unauthorized absence (UA), missing the movement of your ship, and three specifications of disrespect. You were sentenced to confinement at hard labor for 25 days and a $200 forfeiture of pay.




Subsequently, on 11 May 1981, you were notified of pending administrative separation action by reason of misconduct due to frequent involvement of a discreditable nature with military authorities. At that time you waived your right to consult with legal counsel and to present your case to an administrative discharge board. On 15 May 1981 your commanding officer recommended an other than honorable discharge by reason of misconduct due a frequent involvement of a discreditable nature with military authorities. On 8 June 1981 the discharge authority directed an other than honorable discharge by reason of misconduct. On 12 June 1981 you received NJP for failure to obey a lawful order and were awarded bread and water for three days. Shortly thereafter, on 29 June 1981, you were discharged under other than honorable conditions.

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 all of the charges against you were false and that you were not properly represented by counsel. It further considered your contention that you did not receive an opportunity to attend school. Nevertheless, the Board concluded these factors and contentions were not sufficient to warrant recharacterization of your discharge because of your repetitive misconduct which resulted in four NJPs and two court-martial convictions. Further, the Board noted that there is no evidence in the record, and you submitted none, to support your contentions of false accusations, improper legal representation, or being deprived of the opportunity to attend school. 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. 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






Similar Decisions

  • NAVY | BCNR | CY2002 | 10960-02

    Original file (10960-02.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 October 2003. On 17 August 1981 you received a fourth NJP for two periods of UA totalling four days and were awarded restriction and extra duty for 14 days and a $80 forfeiture of pay. Consequently, when applying for a correction of an official naval record, the burden is existence of probable on the applicant to demonstrate the material error or injustice.

  • NAVY | BCNR | CY2002 | 05812-00

    Original file (05812-00.pdf) Auto-classification: Denied

    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. recommended you be issued an other than honorable discharge by reason of misconduct due to frequent involvement of a discreditable nature with military authorities. 2 Consequently, when applying for a correction of an...

  • NAVY | BCNR | CY2001 | 04748-01

    Original file (04748-01.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 December 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. the Board concluded these factors and contention were not sufficient to warrant a change in the characterization of your service because of your repetitive misconduct which resulted in Further, the Board six noted that...

  • NAVY | BCNR | CY2002 | 03762-02

    Original file (03762-02.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 December 2002. injustice were reviewed in accordance with administrative of this regulations and procedures applicable to the proceedings Documentary material considered by the Board consisted of Board. During the period from 28 March to 23 December 1980 you received nonjudicial punishment (NJP) on four occasions for a five day period of unauthorized absence...

  • NAVY | BCNR | CY2002 | 07803-01

    Original file (07803-01.pdf) Auto-classification: Denied

    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. August and again on 15 December 1978 you received NJP for nine periods of absence from your appointed place of duty. convicted by summary court-martial...

  • NAVY | BCNR | CY2002 | 08131-01

    Original file (08131-01.pdf) Auto-classification: Denied

    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...

  • NAVY | BCNR | CY2003 | 00142-03

    Original file (00142-03.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 October 2003. On 16 October 1980 an ADB recommended discharge under other than honorable conditions by reason of misconduct. 2 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 | 02433-02

    Original file (02433-02.pdf) Auto-classification: Denied

    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. Nevertheless, the Board concluded these factors and contention were not sufficient to warrant recharacterization of your discharge because of your frequent misconduct and the lengthy period of UA which resulted in your request for discharge. Consequently, when applying for a correction of...

  • NAVY | BCNR | CY2003 | 01604-03

    Original file (01604-03.doc) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 March 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 | CY1999 | 07199-98

    Original file (07199-98.pdf) Auto-classification: Denied

    A three-member panel of the Board.for Correction of Naval Records, sitting in executive session, considered your application on 23 March 1999. 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. The punishment imposed was restriction for 30 On 23 November 1977 you received NJP paygrade E-3 and Your record further reflects that during the period from...