DEPARTMENT OF THE NAVY
BOARD FORCORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No:
12 June 200
-0502-02
1
This is in reference to your application for correction
t
naval record pursuant to the provisions of Title 10,
Unil
States Code, Section 1552.
If your
.ed
A three-member panel of the Board for Correction of Nava
Records, sitting in executive session, considered your
application on 10 June 2003.
Your allegations of error
injustice were reviewed in accordance with administrativ
regulations and procedures applicable to the proceedings
Board.
your application, together with all material submitted
thereof, your naval record, and applicable statutes, regulations,
and policies.
of this
Documentary material considered by the Board consisted of
nd
1
i
support
After careful and conscientious consideration of the enti
record,
to establish the existence of probable material error or
injustice.
the Board found the evidence submitted was
b
~
e
insuffI'cient
You enlisted in the Navy for four years on 10 June
17.
You served two years and two months without
incident, but on 12 August 1983 you were convicted by
court-martial (SCM) of two periods of absence from your
place of duty and missing the movement of your ship.
sentence of the court included confinement at hard labor
You actually served 16 days, thus extending your
days.
enlistment to 25 June 1985.
On 14 September 1984 you
nonj,udicial punishment
(NJP) for absence from your appoin
place of duty and were awarded a $200 forfeiture of pay a
restriction and extra duty for 20 days.
1981 a
discipli
f
ret
age
ary
ary
s
a pointed
The
or 20
On 25 January 1985 you received NJP for sleeping on
were awarded restriction for 14 days and a $125
pay.
absence from your appointed place of duty, disobedience,
On 5 April 1985 you received a third NJP for two pe
of
The punishment imposed
failure to obey a lawful order.
restriction and extra duty for 14 days and a $200
pay.
On 17 April 1985 you were notified of pending administra
separation action by reason of misconduct due to a patte
misconduct and frequent involvement of a discreditable n
with military authorities.
After consulting with legal
you elected your right to present your case to an
discharge board
separation under other than honorable conditions by reas
misconduct.
On 14 May 1985 an ADB
(ADB).
admini
recommende
of
statin
On 11 June 1985 you signed a service record entry
your enlistment had been further extended due to a pendi
investigation into charges that could result in trial by
On 22 June 1985 your commanding officer concur ed
martial.
the ADB and recommended an other than honorable
reason of misconduct.
directed an other than honorable discharge by reason of
misconduct.
However, on 19 July 1985, prior to your
you received NJP for a two day period of unauthorized
(UA).
14 days, a $824 forfeiture of pay, and
The forfeitures and reduction were suspended for
Shortly thereafter, on 25 July 1985, you were
other than honorable conditions.
discharg
On 17 July 1985 the discharge aut
The punishment imposed was restriction and extra
that
g
court-
with
by
ority
1
~
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity, period of good service, and the fact
that you served on active duty for more than four years.
Nevertheless, the Board concluded these factors were not'
sufficient to warrant recharacterization of your dischar
because of your repetitive misconduct which resulted in
and a court-martial conviction.
has been denied.
Accordingly, your appli
~
our NJPS
The names and votes of the members of the panel will be
upon request.
f/urnished
It is regretted that the circumstances of your case are
favorable action cannot be taken.
You are entitled to h ve the
Board reconsider its decision upon submission of new and material
1
evidence or other matter not previously considered by
Board.
e
In this regard, it is important to keep in mind that a
,
presumption of regularity attaches to all official records.
th
uch that
2
Consequently, when applying for a correction of an
record, the burden is on the applicant to demonstrate
existence of probable material error or injustice.
offic al naval
th
f
Sincerely,
W. DEAN PFEIFFER
Executive Director
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