' DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 2931-093
29 December 2009
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 16 December 2009. Your allegations of error and
injustice wére 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.
The Board found that you enlisted in the Navy on 28 May 1975.
Your enlistment contract specified a term of four years “unless
sooner discharged by proper authority.” You received nonjudicial
punishment on seven occasions for offenses that included absence
from appointed place of duty, use of provoking words, failure to
obey a lawful order, and sleeping in a rack while fully clothed.
You were honorably released from active duty on 2 May 1979 and
transferred to the Navy Reserve.
Although you enlisted for a term.of four years, you were not
entitled to remain on active duty until 27 May 1979, when you
would have completed four years of active service. In this
regard, the Board found that it is permissible for proper
authorities to curtail enlistments for a number of reasons, such
as operational commitments and/or requirements, as well as for
the convenience of the government or the Sailor. While the
reason for your early release from active duty is not shown in
your record, the Board presumed that the release was proper.
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,
DRS, FO
=~ W. DEAN PFEIFFER
Executive Director
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