Search Decisions

Decision Text

NAVY | BCNR | CY2004 | 06248-04
Original file (06248-04.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
         WASHINGTON DC 20370-5100         S J N
                  Docket No: 06248-04
                  25 March 2005


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 23 March 2005. 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, his 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 13 March 1979 at age 18. During the period from 5 February to 15 September 1980 you received three nonjudicial punishments (NJP’s) for possession of alcohol onboard ship, destruction of government property, two periods of unauthorized absence (UA) totaling 36 days, and breaking restriction.
On 22 June 1981 you were convicted by special court-martial (SPCM) of three specifications of UA totaling 110 days and missing movement. You were sentenced to confinement at hard labor for 75 days, a forfeiture of $750, a reduction in paygrade to E-1, and a bad conduct discharge (BCD). On 21 October 1982 you received the BCD after appellate review was completed.
The Board, in its review of his entire record and application, carefully weighed all potentially mitigating factors, such as your youth and immaturity. However, the Board found that these factors were not sufficient to warrant recharacterization of your discharge given the three NJP’s and conviction by SPCM for periods of UA totaling nearly five months. 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 PFIEFFER
Executive Director

Similar Decisions

  • NAVY | BCNR | CY2005 | 02155-05

    Original file (02155-05.doc) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 October 2005. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material...

  • NAVY | BCNR | CY2005 | 00639-05

    Original file (00639-05.doc) 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. 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. Consequently, when applying for a correction of an official naval record, the burden is on the...

  • NAVY | BCNR | CY2005 | 02325-05

    Original file (02325-05.doc) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 October 2005. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material...

  • NAVY | BCNR | CY2007 | 04031-07

    Original file (04031-07.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 January 2008. 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 5 November 1965 and 3 March 1967, you received two more NUJP’s for a four-day period of UA and another period of UA.

  • NAVY | BCNR | CY2007 | 07775-07

    Original file (07775-07.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 June 2008. 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 material error or injustice.

  • NAVY | BCNR | CY2006 | 07998-06

    Original file (07998-06.rtf) 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.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 reenlisted in the Navy on 17 April 1981 after two years of honorable service, On 7 June 1981 and...

  • NAVY | BCNR | CY2006 | 03390-06

    Original file (03390-06.rtf) 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.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 Marine Corps on 30 December 1965 at age 17. During the period from 12 January to...

  • NAVY | BCNR | CY2006 | 04568-06

    Original file (04568-06.rtf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 31 October 2006. During the period from 10 June to 22 August 1953 you received two NJP’s for brief period of UA, missing restricted muster, disobedience, and failure to muster for hard labor. 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 | 10463-02

    Original file (10463-02.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 September 2003. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. On 19 January 1973 you were convicted by SPCM of two periods of UA totalling three days, You were sentenced to confinement at hard labor for two months, a $300 forfeiture of pay, and a bad conduct discharge (BCD). On...

  • NAVY | BCNR | CY2013 | NR6783 13

    Original file (NR6783 13.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 July 2014. 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...