DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
	WASHINGTON DC 2037mB 100	

		RDZ:ecb
		Docket No.07324-07
	14 March 2008

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 12 March 2008. 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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.

You enlisted in the Navy on 29 December 1976 at age 19. On 30 June 1977 you received nonjudicial punishment for two instances of unauthorized absence, absence from appointed place of duty, disrespect to a commissioned officer, and disrespect to a petty officer. Six instances of failure to obey orders, assault and conduct prejudicial to good order and discipline. As a result you forfeited $200 and placed on restriction with extra duties for 30 days.

On 7 April 1978 you were tried and convicted by special courtmartial of three periods of unauthorized absence totaling 119 days, three instances of absence appointed place of duty, five
instances of disobedience, failure to obey the order of a petty officer, violation of a navy regulation and escape from confinement You were sentenced to confinement at hard labor for four months, forfeiture of $200 per month for four months and reduction to seaman recruit.

On 30 June 1978 you were again tried by special court-martial and convicted of three instances of willful disobedience a superior petty officer and two instances of disrespect to a superior petty officer.. You were sentenced to confinement at hard labor for three months, forfeiture of $150 per month for three months, reduction in rank and a bad conduct discharge (BCD). On 7 June 1979 you received a BCD.

In its review of your application the Board considered all potentially mitigating factor such as your post service conduct and your contention that you had a mental disorder when you served in the Navy. Your medical record shows that even though you were having problems controlling your anger you were legally sane and responsible for your actions and although the Board appreciated your most recent achievements in your post service conduct they were not sufficient to overcome your extensive disciplinary record which included numerous acts 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,

W. DEAN PFEIFFER
Executive Director