DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS
Y
2 NAVY ANNEX
WASHINGTON DC 20370-5100
ELP
Docket
14 May 1999
No.118-99
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 12 May 1999.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
Board.
your application, together with all material submitted in support
thereof, your naval record and applicable statutes, regulations
and policies.
Your allegations of error and
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 reenlisted in the Navy on 28 February
1956 for four years as an SN (E-3).
reenlistment, you had completed nearly three years of prior
active service.
At the time of your
The record reflects that you served without incident until .
19 June 1958 when you were delivered to civil authorities on an
You
arrest warrant for a felony charge of sexual perversion.
appeared in civil court on 2 July 1958 for an additional charge
of annoying and molesting children.
to a morals
days in the county jail and a fine of $50, and were placed on
probation for one year.
charae on 14 October 1958 and were sentenced to 90
You entered a plea of guilty
On 28 October 1958, the commanding officer advised the Bureau
Naval Personnel (BUPERS) of your conviction and recommended
of
.
You were then advised of your procedural rights and
discharge.
declined to submit a statement in your own behalf.
performance evaluation board was
1959 and recommended that you be separated with an undesirable
discharge by reason of unfitness due to your conviction of an
The Chief of Naval Personnel
offense involving moral turpitude.
approved the recommendation and directed an undesirable discharge
by reason of unfitness.
1959.
You were so discharged on 11 February
convened in BUPERS on 26 January
An enlisted
.I
Regulations then in effect authorized the separation of
individuals with an undesirable discharge who were convicted by
civil authorities of an offense for which the maximum penalty
under the Uniform Code of Military Justice was confinement in
excess of one year or which involved moral turpitude.
The Board noted your
and the fact that it has been more than
In its review of your application, the Board weighed all
potentially mitigating factors such as your limited education,
prior honorable service,
40 years since you were discharged.
contentions to the effect that you were told by your attorney you
should not have been discharged, you should have put in for a
medical discharge, and that you were not a
mentally ill and spent 18 months in a mental institution after
The Board concluded that the foregoing factors
your discharge.
and contentions were insufficient to warrant recharacterization
of your discharge given the serious offense of which you were
convicted by civil authorities.
support your contention that you were mentally ill or suffered
from a condition which rendered you incapable of distinguishing
right from wrong.
with applicable regulations and there is no indication of
procedural errors which would have jeopardized your rights.
Board concluded that the discharge was proper and no change it
warranted.
names and votes of the members of the panel will be furnished
upon request.
Accordingly, your application has been denied.
Your discharge was accomplished in compliance
llscrew-upV1 but were
You have provided no evidence to
The
The
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.
2
Consequently, when applying for a correction of anofficial 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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