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 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 2068-99
3 September 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 25 August 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 1 April 1958 at
age 18. Your record reflects that you received nonjudicial
punishment and were convicted by four summary courts-martial and
a special court-martial. The offenses included unauthorized
absences totalling 89 days, disrespect on two occasions, failure
to obey a lawful order, resisting apprehension, drunk and
disorderly conduct, speeding, and dereliction of duty.
On 11 June 1962 the commanding officer recommended that you be
separated with an undesirable discharge by reason of unfitness.
After review by the discharge authority, the recommendation for
separation was approved and you received an undesirable discharge
on 5 July 1962.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and
immaturity, good postservice conduct, and the contention that
your alcohol abuse contributed to your misconduct. However, the
Board concluded that these factors were not sufficient to warrant
recharacterization of your discharge, given your frequent
involvement with military authorities. The Board especially
noted your lengthy period of unauthorized absence and the fact
that you were the subject of six disciplinary actions within a
period of less than five years. Further, alcohol abuse does not
excuse misconduct. Therefore, the Board concluded that no change
to the discharge 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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