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NAVY | BCNR | CY2007 | 04588-07
Original file (04588-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


 TJR
 Docket No: 4588-07
 5 March 2008







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 4 March 2008. Y our allegations of error and in justice 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 18 March 1976 at age 18. About nine months later, on 2 December 1976, you were convicted by civil authorities of disorderly conduct. You were sentenced to a $40 fine and court cost.
On 17 May 1977 you received nonjudicial punishment (NJP) for escape and were awarded correctional custody for 15 days and a $150 forfeiture of pay. On 16 September 1977 you were convicted by civil authorities of petit larceny and sentenced to a $25 fine, court cost, and a suspended 30 day period of confinement. About four months later, on 14 January 1978, you received NJP for 11 periods of absence from your appointed place of duty and were awarded a $270 forfeiture of pay. On 17 March 1978 you were convicted by special court—martial (SPCN) of four periods of failure to go to your appointed place of duty, disobedience, sleeping on post and 16 specifications of uttering worthless checks. You were sentenced to confinement at hard labor for 80 days and a $800 forfeiture of pay.


Your record reflects 10 periods of unauthorized absence (UA) totalling 95 days, but does not reflect the disciplinary action taken, if any, for this misconduct. Your record also reflects that on 26 January 1979, while in a UA status, you were apprehended and held in confinement by civil authorities on a charge of simple assault. However, the record does not reflect the trial or sentencing for this offense.
On 19 March 1980 you were again convicted by SPCM of nine periods of UA totalling 475 days. You were sentenced to confinement at hard labor for three months, a $1,200 forfeiture of pay, and a bad conduct discharge (BCD). After the BCD was approved at all levels of review, on 25 November 1980 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 desire to upgrade your discharge. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterjzatjon of your discharge because of the seriousness of your repetitive misconduct in both the military and civilian communities. 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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