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NAVY | BCNR | CY2006 | 00344-06
Original file (00344-06.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                  2 NAVY ANNEX   
         WASHINGTON DC 20370-5100

                                                      TRG
                                                       Docket No: 344-06
                                              10 May 2007





This is in reference to your application for correction of your naval record pursuant to the provisions of title 10 of the 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 8 May 2007. 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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.
You enlisted in the Navy on 11 September 1975 at age 18. During the period from 14 October 1975 to 14 July 1976, you received nonjudicial punishment on three occasions. Your offenses were several short periods of unauthorized absence, two incidents of possession of marijuana, disobedience and breach of the peace.
In early 1977, you were placed in the brig awaiting trial by court-martial. Based on your behavior while confined, you were referred for a psychiatric evaluation. The psychiatrist diagnosed you with an antisocial personality but found that you knew the difference between right an wrong and were responsible for your actions. A subsequent sanity board found you competent to stand trial for your offenses.
A special court-martial convened on 19 April 1977 and convicted you of several short periods of unauthorized absence, disobedience, escape from custody and the theft of two guitars and a guitar case. The court sentenced you to forfeiture of $100 pay per month for three months, confinement at hard labor for three months and a bad conduct discharge. You began appellate leave on 15 July 1977. The bad conduct discharge was issued on 4 April 1978. In its review of your application the Board carefully weighed all potentially mitigating factors, such as your youth and the contentions that you were unjustly accused of possession of marijuana and, in effect, that mental illness contributed to your misconduct. The Board found that these factors and contentions were not sufficient to warrant recharacterization of your discharge given the frequency of your misconduct and especially the seriousness of the offenses of which you were convicted by the special court-martial. It is clear from the record that several psychiatrists found you responsible for your actions and competent to stand trial for your offenses. The Board concluded that the discharge was proper as issued and no change is warranted.
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


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