D E P A R T M E N T O F T H E N A V Y
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 4002-98
25 June 1999
Dear
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 22 June 1999. 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.
The Board found that you enlisted in the Navy on 11 July 1952 at
age 20. Prior to the offenses for which you received the bad
conduct discharge, you were awarded nonjudicial punishment on
four occasions and were convicted by a summary court-martial and
a special court-martial. Your offenses were five periods of
unauthorized absence totaling about 65 days and refusing to get
up at reveille.
A general court-martial convened on 11 April 1955 and convicted
you of two periods of unauthorized absence totaling about 49
days. The court sentenced you, as mitigated, to forfeiture of
all pay and allowances, confinement at hard labor for nine months
and a bad conduct discharge. On 8 September 1955 you elected to
waive your right to request restoration to duty. The bad conduct
discharge was issued on 14 November 1955.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, limited.
education and low score on the aptitude test. The Board also
considered your contention that you suffered from chronic
seasickness. The Board found that these factors and contentions
were not sufficient to warrant recharacterization of your
discharge given the frequency of your misconduct and especially
the last two periods of absences which resulted in the general
court-martial conviction. There is no evidence in the record,
and you have submitted none, to show that you suffered from
seasickness. However, even if true, such a condition was not
considered sufficient to excuse or mitigate your misconduct. The
Board concluded that the discharge was proper as issued and no
change is warranted.
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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