DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 8841-98
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 enlisted in the Navy on 9 December 1952 at
the age of 20. Your record reflects that you served for nearly
two years without disciplinary incident but on 23 December 1954
you were convicted by special court-martial (SPCM) of assault.
You were sentenced to confinement at hard labor for six months
and forfeitures totalling $420.
Your record further reflects that on 30 August 1955 you were
again convicted by SPCM of assault and disrespect. You were,
sentenced to confinement at hard labor for six months and
forfeitures totalling $468.
On 28 November 1956, at the expiration of your enlistment, you
were issued a general discharge. At that time your average marks
in conduct and proficiency were high enough to warrant an
honorable discharge.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity, and the honorable discharge
certificate you received from the National Guard. The Board also
considered your contention that the general discharge should be
upgraded because it was unjust and erroneous. Further, you state
that you served your required 4-year term, never received
quarterly marks under 3.0, were promoted to paygrade E-4, and
never received a reduction in paygrade. The Board noted your
statement to the effect that draft dodgers and conscientious
objectors received immunity or honorable discharges. However,
the Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given the serious nature of
your misconduct which resulted in two court-martial convictions.
Even though your conduct and proficiency averages were high
enough for a fully honorable discharge, such a characterization
was not authorized if an individual had been convicted by a
general court-martial or more than one special court-martial
during his/her current enlistment. Since you were convicted by
two special courts-martial, an honorable discharge was not
authorized. 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
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