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NAVY | BCNR | CY2006 | 02149-06
Original file (02149-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOP CORRECTION OF NAVAL RECORDS
                  2 NAVY ANNEX
                  WASHINGTON DC 20370-5100
TJR
Docket No: 2149-06
8 September 2006

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 6 September 2006. 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 19 Narch 1979 at age 18. On 19 August 1979 you received nonjudicial punishment (NJP) for drinking alcohol while on duty and were awarded restriction and extra duty for 10 days and a $100 forfeiture of pay
On 23 January 1980 you received NJP for four periods of failure to go to your appointed place of duty and were awarded extra duty for 20 days and a suspended reduction in rate. On 6 November 1980 you were convicted by special court-martial (SPCM) of three periods of unauthorized absence (UA) and sentenced to confinement at hard labor for two months, a $500 forfeiture of pay, and reduction to paygrade E-1.
On 20 May 1981 you were convicted by SPCM of six periods of UA totalling 48 days and wrongful possession of marijuana. You were sentenced to confinement at hard labor for two months, a $400 forfeiture of pay, and a bad conduct discharge (BCD). After the BCD was approved at all levels of review, on 18 August 1982 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 and post service conduct. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of the seriousness of your repetitive misconduct which resulted in two NJPs, two court-martial convictions, and included wrongful possession and use of alcohol and drugs. 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
























2

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