DEPARTMENT OF THE NAV
Y
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAW ANNEX
WASHINGTON DC 20370-5100
ELP
Docket No. 242-99
28 May 1999
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 26 May 1999.
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.
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 enlisted in the Navy on 29 December 1964
for minority enlistment at age 17.
The record reflects that you
were advanced to SA (E-2) and served without incident until
12 April 1966 when you were convicted by special court-martial of
a five day period of unauthorized absence (UA) and larceny of
$460.
On 28 September 1966, you were convicted by a second special
court-martial of three specifications of larceny, robbery, two
specifications of forgery,
another individual's military identification card.
You were
sentenced to confinement at hard labor for two months and a bad
conduct discharge.
findings and the sentence on 23 December 1966.
1967 you waived your right to request restoration to duty and
requested execution of the bad conduct discharge.
The Navy Board of Review affirmed the
and two specifications of use of
On 6 February
On 7 February 1967 you were convicted by a third special
martial of two periods of UA totalling about 38 days, from
court-
19 December 1966 to 6 January 1967 and 6-27 January 1967, and
You were sentenced to confinement at hard
breaking restriction.
labor for three months and forfeitures of $64 per month for three
months.
A fourth special court-martial on 14 June 1967 convicted you of a
25 day period of UA sentenced you to confinement at hard labor
for six months, forfeitures of $64 pay per month for six months,
and a bad conduct discharge.
21 June 1967 but were apprehended an hour later.
the convening authority approved only so much of the sentence
that provided for confinement and forfeitures for six months.
You escaped from confinement on
On 19 July 1967
Charges of UA and escape from confinement were dismissed at a
special court-martial on 20 October 1967.
conduct discharge on 30 November 1967.
You received the bad
In its review of your application the Board carefully weighed all
potentially mitigating factors such as your youth and immaturity,
limited education, and the fact that is has been more than 31
years since you were discharged.
factors were insufficient to warrant recharacterization of your
discharge given the four convictions by special courts-martial,
two of which were for serious offenses.
neither probative evidence nor a convincing argument in support
of your application.
effected in accordance with applicable law and regulations, and
the discharge appropriately characterizes your service.
The
Board concluded that you were guilty of too much misconduct to
warrant recharacterization of your discharge to honorable or
under honorable conditions.
been denied.
will be furnished upon request.
The names and votes of the members of the panel
Your convictions and discharge were
Accordingly, your application has
The Board concluded that these
You have provided
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
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
B correction of an official naval
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
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