DEPARTMENT OF THE NAVY
B O A R D FOR C O R R E C T I O N O F N A V A L R E C O R D S
2 NAVY ANNEX
W A S H I N G T O N D C 2 0 3 7 0 - 5 1 0 0
CRS
Dock t No: 9807-02
2 Mae 2003
This is in reference to your application for corr,
naval record pursuant to the provisions of title
States Code section 1552.
zction of your
LO of the United
A three-member panel of the Board for Correction 1)f Naval
Records, sitting in executive session, considered your
application on 30 April 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 Bocird 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Navy on 12 January 1971.
The record reflects that you received four nonjudicial
punishments. Your offenses included an unauthorized absence of
one day, a b s c ~ l c z f i - o m your a p p u i r l t u d place of duty on two
occasions, failure to obey a lawful order, and possession of
marijuana and heroin.
On 29 November 1972 the commanding officer recommended that you
be separated with a general discharge by reason of unfitness due
to drug abuse. When informed of this recommendation, you elected
to waive the right to submit a statement in response to the
discharge action. Subsequently, you received a fjfth nonjudicial
punishment for unauthoried absences totalling 14 clays. After
review by the discharge authority, the recommendation for
separation was modified and on 11 January 1973 you received a
general discharge by reason of unfitness due to substandard
personal behavior.
In i t s r e v i e ? : of yaur a p p 1 i ~ : d ~ i o n ~ l l c BLJL~LLI cdrefully werghed a l l
potentially mitigating factors, such as your yout.3 and,
immaturity. However, the Board concluded that these factors were
not sufficient to warrant recharacterization of your discharge,
because of your extensive disciplinary record. Therefore, the
Board concluded that no change to the discharge is warranted.
Accordingly, your application has been denied. 'She names and
votes of the members of the panel will be furnished upon request.
It is regretted that the circumstances of your Cilse 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.
I n 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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