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
TRG
Docket No: 3242-99
31 August 1999
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the 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 24 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 19 November 1951
at age 17. You completed initial training and on 3 March 1952
you reported to your first duty station. During the period 11
March 1952 to 25 August 1953, you received nonjudicial punishment
on five occasions and were convicted by a summary court-martial
and two special courts-martial. Your offenses were four periods
of unauthorized absence totaling about 10 days, absence from your
place of duty, breaking arrest, wrongful possession of
identification and liberty cards, drunkenness in public,
disorderly conduct, use of profane language to a sentinel and
being out of uniform.
During the period from 26 August 1953 until your release from
active duty on 29 September 1955, you had no further disciplinary
record. You were released from active duty on 29 September 1955.
At that time your service should have been characterized as being
under honorable conditions. However, the DD Form 214 shows a
characterization of service as honorable. You were subsequently
issued a general discharge at the end of your military
obligation.
Character of service when an individual is released from active
duty is based, in part, on conduct and overall trait averages
which are computed from marks assigned during periodic
evaluations.
average mark of 3.25 was required at the time of your separation
for a fully honorable characterization of service. In addition,
regulations in effect at the time of your service precluded the
issuance of an honorable discharge to an individual convicted by
two or more special courts-martial.
Your conduct mark average was 2.3. A minimum
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, limited
education, your last two years of good service, and your claim
that you are now a recovering alcoholic and have been a good
citizen for many years. The Board also considered your
contentions that personal problems and alcohol abuse led to your
misconduct while you were in the Navy. The Board found that
these factors and contentions were not sufficient to warrant
recharacterization of your discharge given your extensive record
of misconduct, which included two special court-martial
convictions, and your failure to achieve the required average
mark in conduct. There is no evidence in the record, and you
have submitted none, to support any of your claims or
contentions. However, the Board believed that your final two
years of good service showed that none of your problems were very
serious and you were capable of being a good sailor. The Board
also believed that you were fortunate to have a characterization
of service of honorable instead of under honorable conditions on
your DD Form 214 when you were released from active duty. The
Board concluded that the general discharge issued at the end of
your military obligation was proper as issued and no change 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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