Search Decisions

Decision Text

NAVY | BCNR | CY1998 | NC9808818
Original file (NC9808818.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

TJR
Docket No: 8818-98
15 July 1999

 

Dear

 

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 7 July 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.

The Board found you reenlisted in the Navy on 5 June 1963 after
three years of prior honorable service. Your record reflects
that you continued to serve for nearly a year without incident
but on 24 June 1963 you were convicted by special court-martial
(SPCM) of three incidents of unauthorized absence (UA) totalling
25 days, missing the movement of your ship, and two incidents of
breaking restriction. You were sentenced to confinement at hard

labor for four months, forfeitures totalling $292, and reduction
to paygrade E-1.

Your record further reflects that on 9 March 1965 you were
convicted by SPCM of five incidents of UA totalling 42 days and
three incidents of breaking restriction. You were sentenced to
reduction to confinement at hard labor for four months,
forfeitures totalling $200, and a bad conduct discharge (BCD).
On 3 May 1965 you submitted a written request for immediate
execution of the BCD. Your request noted that you were having
financial problems and had lost all interest in the Naval
Service. After the findings and sentence of the SPCM were
reviewed and approved, the BCD was ordered executed. On 11 June
1965 you received the BCD.

The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity, good post service conduct and your
contention that you would like your discharge upgraded for
personal reasons. The Board also considered your contention that
you were having drinking problems. Further, the Board considered
your character reference letter. However, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your frequent
misconduct and your request for immediate execution of your
discharge. Given all the circumstances of your case, the Board
concluded your discharge was proper 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

Similar Decisions

  • NAVY | BCNR | CY1999 | Document scanned on Thu Sep 21 09_24_46 CDT 2000

    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. You were sentenced to reduction to confinement at hard labor for four months, forfeitures totalling $200, and a bad conduct discharge (BCD). these factors were not sufficient to warrant recharacterization of your discharge given the seriousness of your frequent misconduct and your request...

  • NAVY | BCNR | CY2001 | 04806-99

    Original file (04806-99.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 June 2000. 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. months, reduction...

  • NAVY | BCNR | CY2013 | NR5272 13

    Original file (NR5272 13.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 May 2014. 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...

  • NAVY | BCNR | CY2002 | 10343-02

    Original file (10343-02.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 September 2003. 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. On 26 October 1966 you were convicted by SPCM of a 67 day period of UA and were sentenced to confinement at hard labor for six months, a $342...

  • NAVY | BCNR | CY2010 | 01157-10

    Original file (01157-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 November 2010. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2007 | 04031-07

    Original file (04031-07.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 January 2008. 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. On 5 November 1965 and 3 March 1967, you received two more NUJP’s for a four-day period of UA and another period of UA.

  • NAVY | BCNR | CY2008 | 00153-08

    Original file (00153-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 November 2008. On 13 March 1967 you submitted a written request for immediate execution of the BCD. 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.

  • NAVY | BCNR | CY2001 | 03334-01

    Original file (03334-01.pdf) Auto-classification: Denied

    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. confinement at hard labor for six months, forfeitures of $55 per months for six months, reduction in rate to EMFR (E-l), and a bad The convening authority approved the sentence conduct discharge. The Board noted the aggravating factor that each of the prolonged periods of UA were terminated...

  • NAVY | BCNR | CY2010 | 10506-10

    Original file (10506-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval’ Records, sitting in executive session, considered your application on 20 July 2011. 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. Nevertheless, the Board found that these factors were not sufficient to warrant changing the characterization of your discharge, given your record...

  • NAVY | BCNR | CY1998 | 07464-98

    Original file (07464-98.pdf) Auto-classification: Denied

    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. On 24 October 1973 you submitted a written request for immediate execution of the BCD. veterans1 benefits after being discharged with a BCD.