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NAVY | BCNR | CY2005 | 00514-05
Original file (00514-05.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


TJR
                                                                                          Docket No: 514-05
                                                                                          28 September 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 27 September 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, 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 Naval Reserve on 6 March 1980 at age 20 and served without disciplinary incident until 20 September 1980, when you received nonjudicial punishment (NJP) for absence from your appointed place of duty and assault. The punishment imposed was a $50 forfeiture of pay and restriction for three days.
On 5 January 1981 you received NJP for three periods of unauthorized absence (UA) totalling 32 days, absence from your appointed place of duty, disrespect, and disobedience. The punishment imposed was confinement at hard labor for 15 days. On 22 January and .2 March 1981 you were convicted by summary court-martial (SCM) of wrongful possession of marijuana and two periods of failure to go to your appointed place of duty. During the period from 19 March to 28 July 1981 you received NJP on three more occasions for two specifications of disobedience, two periods of absence from your appointed place of duty, failure to go to your appointed place of duty, two specifications of failure to obey a lawful order, and dereliction of duty.



On 18 August 1981 you were convicted by special court-martial (SPCM) of wrongful appropriation of a government vehicle valued at $3,842, failure to obey a lawful order, failure to go to your appointed place of duty, and wrongful possession of marijuana, and were sentenced to a bad conduct discharge (BCD). After the BCD was approved at all levels of review, on 24 January 1983, you were so discharged.
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth, passage of time, post service conduct, and alcohol and drug abuse. It also considered your assertion that you received incorrect legal information regarding the characterization of your discharge. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of the seriousness of your misconduct. There is no evidence in the record, and you submitted none, to support your assertion of being given inadequate legal advice. 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

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