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NAVY | BCNR | CY1999 | 04597-97
Original file (04597-97.pdf) Auto-classification: Denied
Y
DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAW ANNEX

WASHINGTON DC 203704100

TRG
Docket No:
15 April 1999

4597-97

Dear

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 13 April 1999.
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.

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 received nonjudicial

The Board found that you enlisted in the Navy on 2 December 1954
at age 18.
punishment on four occasions and were convicted by two special
courts-martial.
absence totaling about 23 days,
place of duty, missing ship's movement, missing muster, and
disobedience.
absence.
arrested and convicted by civil authorities of burglary, and
sentenced to serve 10 months in the county jail.

While in an unauthorized absence status you were

On 5 April 1957 you began a period of unauthorized

Your offenses were four periods of unauthorized

an absence from your appointed

Based on your conviction by civil authorities you were processed
for discharge.
approved the recommendation of your commanding officer that you
be discharged for misconduct with an undesirable discharge.
were so discharged on 20 November 1957.

On 28 October 1957 the discharge authority

You

In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, limited
education, low score on the aptitude test, personal problems and
The Board found that these
your desire for veterans' benefits.
factors were not sufficient to warrant recharacterization of your

discharge given your lengthy record of military and civilian
misconduct.
issued and no change is warranted.

The Board concluded that the discharge was proper as

Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.

The names and

It is regretted that the circumstances of your case are such that
You are entitled to have the
favorable action cannot be taken.
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

2



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