Search Decisions

Decision Text

NAVY | BCNR | CY1999 | 00242-99
Original file (00242-99.pdf) Auto-classification: Denied
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



Similar Decisions

  • 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 | CY2007 | 10683-07

    Original file (10683-07.pdf) Auto-classification: Denied

    On 30 June 1967, while on ‘probation, you began a UA that ended about 187 days later when you surrendered. On 9 February 1968, the suspended sentence was vacated and the BCD was ordered executed. On 16 February 1968, you were discharged with a BCD.

  • NAVY | BCNR | CY2002 | 04158-02

    Original file (04158-02.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 December 2002. 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. Consequently,...

  • NAVY | BCNR | CY2007 | 10683-07

    Original file (10683-07.rtf) 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.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.On 19 January 1966, you enlisted in the Marine Corps at age 20. On 19 July 1966, you began an...

  • NAVY | BCNR | CY2002 | 03888-02

    Original file (03888-02.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 December 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth and immaturity, of UA were the result of getting married and your wife...

  • NAVY | BCNR | CY2001 | 03787-01

    Original file (03787-01.pdf) Auto-classification: Denied

    Thereafter, the discharge authority approved the request and directed an undesirable discharge and you were so discharged on 26 February 1970. Board concluded that the foregoing factors were insufficient to warrant recharacterization of your discharge given your record of three NJPs, convictions by a summary and a special court-martial, and the fact that you accepted discharge rather than face trial by court-martial for a 31-day period of UA. Consequently, when applying for a correction of...

  • NAVY | BCNR | CY2001 | 08189-00

    Original file (08189-00.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 June 2001.. injustice were reviewed in accordance with administrative regulations and procedures applicable Board. to go to your appointed special court-martial (SPCM) of failure place of duty and were sentenced to hard labor for a month and a $60 forfeiture of pay. paygrade E-l and restriction for 15 convicted by summary court-martial (SCM) of disobedience and...

  • NAVY | BCNR | CY2001 | 03539-01

    Original file (03539-01.pdf) Auto-classification: Denied

    You were again advanced to PFC and On 9 June 1969 you were The DD Form 214 shows that you had three periods of lost time, UA from 10 February to 10 March 1967 and two periods of confinement from 11 April to 12 June and 22 October to 21 December 1967. for entitlement to the Good Conduct Medal commenced on 26 October 1967, the day after your summary court-martial conviction. The DD Form 214 also indicates that eligibility Regulations provided that individuals discharged for the convenience of...

  • NAVY | BCNR | CY2001 | 04596-00

    Original file (04596-00.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 September 2001. 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. January 1968 you received NJP for a 14 day period of UA and were awarded a $20 forfeiture of pay. Given the circumstances of your case, the Board concluded...

  • NAVY | BCNR | CY2002 | 10974-02

    Original file (10974-02.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 October 2003. On 24 June 1968 you were convicted by SCM of a 15 day period of UA and sentenced to a $65 forfeiture of pay and confinement at hard labor for 30 days. 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.