DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAW ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No:
25 March 1999
5760-98
L
Your allegations of error and
,is in reference to your application for correction of your
Dear
This
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 17 March 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.
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
to,establish the existence of probable material
insufficient
error or injustice.
The Board found that you reenlisted in the Navy on 4 January 1957
after more than three years of prior active service.
reflects that you received two nonjudicial punishments and were
convicted by three special courts-martial.
unauthorized absences totalling 43 days, disobedience of a lawful
order and disrespect.
On 11 December 1958 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 20 January 1959.
In its review of your application the Board carefully weighed all
potentially mitigating factors,
such as your youth and immaturity
and the contention that you were told that your discharge would
However, the Board
change to honorable after ten years.
concluded that these factors were not sufficient to warrant
recharacterization of your discharge, given your frequent
Your record
The offenses included
The Board especially
Additionally, no law
Therefore, the Board concluded
Accordingly, your
The names and votes of the members
involvement with military authorities.
noted the fact that you were the subject of five disciplinary
actions within a period of about two years.
or regulation provides for the change of any discharge based
solely on the passage of time.
that no change to the discharge is warranted.
application has been denied.
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
copy to:
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A three—member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 September 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 record...
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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. The offenses included an unauthorized On 5 February 1957 the commanding officer recommended that you be separated with an undesirable discharge by reason of unfitness based on the civil conviction. Consequently, when applying for a correction of an official naval record, the burden is on the...
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