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NAVY | BCNR | CY1999 | 01501-99
Original file (01501-99.pdf) Auto-classification: Denied
D E P A R T M E N T  O F  T H E  N A V Y  
BOARD FOR CORRECTION OF NAVAL RECORDS 

2 N A W  ANNEX 

WASHINGTON DC  20370-5100 

ELP 
Docket No.  1501-99 
16 July 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 14 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 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 23 August 1963 
for a minority enlistment.  Your enlistment contract indicated 
that your date of birth was 23 November 1945 and your mother 
signed the consent papers.  On 24 December 1963, the commanding 
officer advised the Chief of Naval Personnel  (NJP) that you 
reported that your date of birth was 23 November 1947 and that 
you had altered a baptismal certificate, but had not submitted 
any documentary evidence as to your true date of birth.  On 
23 January 1964, the commanding officer provided a copy of your 
birth certificate and advised CNP that you had been transferred 
to await discharge authorization.  However, you were recommended 
for reenlistment upon reaching the authorized age for enlistment. 
Thereafter, CNP directed that you be discharged by reason of 
minority.  You were honorably discharged on 25 February 1964. 

The record reflects that you reenlisted in the Navy at age 17 on 
10 March 1965 for a minority enlistment as an SA  (E-2) .  During 

the 11 month period from June 1965 to May  1966, you received six 
nonjudicial punishments  (NJP) and were convicted by a special 
court-martial.  Your offenses consisted of six periods of 
unauthorized absence  (UA) totalling about 32 days, three 
instances of disobedience, loss of an armed forces identification 
card, disrespect, and failure to obey an order. 

On 25 May 1966 you were notified that you were being considered 
for discharge by reason of unfitness due to frequent involvement 
of a discreditable nature with military authorities.  You were 
advised of your procedural rights and waived your right to 
representation by counsel and presentation of your case to an 
administrative discharge board  (ADB).  Thereafter, the commanding 
officer recommended that you be separated with an undesirable 
discharge by reason of unfitness.  The Chief of Naval Personnel 
approved the recommendation and you were so discharged on 16 June 
1966. 

In its review of your application the Board carefully weighed all 
potentially mitigating factors such as your youth and immaturity, 
limited education, prior active service of nearly six months, and 
the fact that it has have been 33 years since you were 
discharged.  The Board noted your contention to the effect that 
your records should show an honorable discharge as reflected on 
your first discharge papers.  The Board concluded that the 
foregoing factors and contention were insufficient to warrant 
recharacterization of your second period of service given your 
record of six NJPs and a special court-martial conviction.  The 
Board noted that despite the fraudulent entry during your first 
period of service, you were honorably discharged and recommended 
for reenlistment.  As a result of this brief period of service, 
you had an advantage over other 17 years olds in that you were 
well aware of what military life was like, its rules and 
regulations, and what was expected of you.  Therefore, the Board 
concluded your contention was without merit.  The Board noted the 
aggravating factor that you waived an ADB, the one opportunity 
you had to show why you should be retained or discharged under 
honorable conditions.  The Board concluded that you were guilty 
of too much misconduct in only 15 months of service to warrant 
recharacterization to honorable or under honorable conditions. 
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 k'eep 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 PFEIFE'ER 
Executive Director 



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