DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
	WASHINGTON DC 20370-5100	SJN
		Docket No: 06248-04
		25 March 2005

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 23 March 2005. 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, his 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 13 March 1979 at age 18. During the period from 5 February to 15 September 1980 you received three nonjudicial punishments (NJP’s) for possession of alcohol onboard ship, destruction of government property, two periods of unauthorized absence (UA) totaling 36 days, and breaking restriction.

On 22 June 1981 you were convicted by special court-martial (SPCM) of three specifications of UA totaling 110 days and missing movement. You were sentenced to confinement at hard labor for 75 days, a forfeiture of $750, a reduction in paygrade to E-1, and a bad conduct discharge (BCD). On 21 October 1982 you received the BCD after appellate review was completed.

The Board, in its review of his entire record and application, carefully weighed all potentially mitigating factors, such as your youth and immaturity. However, the Board found that these factors were not sufficient to warrant recharacterization of your discharge given the three NJP’s and conviction by SPCM for periods of UA totaling nearly five months. 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