DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 03541-10
17 February 2011
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 February 2011. 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
LATUStice.
You enlisted in the Navy on 16 February 1979, at the age of 18.
On 27 June 1979, your commanding officer submitted a waiver for
you to remain on active duty, based on your failure to disclose
vital prior service civil arrests. On 30 July 1980, you received
nonjudicial punishment (NJP) for causing a breach of the peace
and disorderly conduct. On 22 December 1980, you received NJP
for being disrespectful in language. On 24 June 1981, you were
convicted at a special court-martial (SPCM) of being absent from
and failing to go to your appointed place of duty, and wrongfully
communicating a threat to a chief petty officer. You were
sentenced to forfeitures of $220, reduction in pay grade, and
confinement at hard labor for 20 days. On 28 October 1981, you
were convicted at your second SPCM of disrespect toward a
superior commissioned officer, being disrespectful in language
toward a superior chief petty officer, failure to obey a lawful
order, disobeying a lawful order, resisting lawful apprehension,
wrongful use of provoking words, wrongfully communicating a
threat, and assault. You were sentenced to forfeitures of
$2,196, reduction in pay grade to E-1, confinement at hard labor
for six months, and a bad conduct discharge (BCD). You continued
your misconduct and received your third NUP for being
disrespectful in language toward a superior petty officer and
assault. The discharge authority directed the execution of your
BCD. On 30 November 1983, after appellate review, you were so
discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
©f your discharge given your record of three NUP’s and
¢onvictions byetwo SPCM’s of serious misconduct. 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,
Le ons
W. DEAN PFEIF
Executive Dir
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