Search Decisions

Decision Text

NAVY | BCNR | CY2002 | 10272-02
Original file (10272-02.pdf) Auto-classification: Denied
DEPARTMENT OF  THE  NAVY 

BOARD  FOR  C O R R E C T I O N   O F   NAVAL  R E C O R D S  

2   N A V Y A N N E X  

W A S H I N G T O N   D C   2 0 3 7 0 - 5 1 0 0  

TJR 
Docket No: 10272-02 
12 September 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 9 September 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 21 January 1974 at age 17.  On 26 
August 1975 you were convicted by special court-martial (SPCM) of 
a 297 day period of unauthorized  absence  (UA).  You were 
sentenced to a $1,374 forfeiture of pay, confinement at hard 
labor for four months, reduction to paygrade E-1, and a bad 
conduct discharge (BCD).  The BCD was suspended for six months 
after your release from confinement. 

During the period from 18 November 1975 to 4 August 1976 you were 
UA on two occasions for a total of 205 days.  On 13 September 
1976 the BCD'awarded at the 26 August 1975 SPCM was ordered 
executed.  On 22 September 1976 you received nonjudicial 
punishment for the foregoing periods of UA and were awarded a 
$368 forfeiture of pay and restriction for 60 days.  On that same 
day you received the BCD. 

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 contention that your offenses 

were minor and pardonable.  It also considered your contention 
that your periods of UA were uncontrollable.  Nevertheless, the 
Board concluded these factors and contentions were not sufficient 
to warrant recharacterization of your discharge because of your 
repetitive and lengthy periods of UA which resulted in a court- 
martial conviction and a NJP.  The Board also noted that the 
sentence to a BCD you received at an earlier court-martial was 
suspended, but upon your release from confinement, you committed 
two additional periods of UA.  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 | CY2001 | 00327-01

    Original file (00327-01.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. However, during the seven month period from March 1973 to October 1973 you received four nonjudicial punishments ( N J P ) and were convicted by a summary court-martial. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...

  • NAVY | BCNR | CY2002 | 04258-02

    Original file (04258-02.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 January 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 probable...

  • NAVY | BCNR | CY2001 | 08556-01

    Original file (08556-01.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. On 20 October 1960 you submitted a written request for immediate execution of the BCD. 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 | CY1998 | 07460-98

    Original file (07460-98.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 April 1999. 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. Given all the circumstances of your case the.Board concluded your discharge was proper as issued and no change is warranted.

  • NAVY | BCNR | CY1999 | 00646-99

    Original file (00646-99.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 July 1999. 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 probable...

  • NAVY | BCNR | CY2001 | 06601-01

    Original file (06601-01.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 March 2002. 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...

  • NAVY | BCNR | CY2003 | 01469-03

    Original file (01469-03.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 July 2003. However, the Board found that these factors and contentions were not sufficient to warrant recharacterization of your discharge given your conviction by a general court-martial of a very lengthy period of desertion. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...

  • NAVY | BCNR | CY2002 | 10366-02

    Original file (10366-02.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 September 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. Nevertheless, the Board concluded these factors and contention were not sufficient to warrant recharacterization of your discharge because of...

  • NAVY | BCNR | CY2001 | 07707-01

    Original file (07707-01.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 May 2002. 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...

  • NAVY | BCNR | CY2002 | 09384-02

    Original file (09384-02.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 August 2003. You received NJP on 22 February 1992 for a 17 period of unauthorized absence (UA) and were awarded restriction and extra duty for 4 5 days and a $550 forfeiture of pay. However, the record does not reflect that any disciplinary action was taken for this period of UA.