Search Decisions

Decision Text

NAVY | BCNR | CY1999 | 06531-99
Original file (06531-99.pdf) Auto-classification: Denied
DEPARTMENT OF THE
BOARD FOR CORRECTION OF NAVAL RECORDS

NAVY

 

2 NAVY ANNEX

WASHINGTON DC 20370-5100

TRG
Docket No: 6531-99
18 February 2000

Dear 

v

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 15 February 2000.
injustice were reviewed in accordance with administrative
of this
regulations and procedures applicable to the proceedings
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 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.

_

You were  restored to duty on 6 March 1957.

On 8 November 1956 you were convicted by a special

The Board found that you enlisted in the Navy on 5 November 1955
at age 18.
The
court-martial of an unauthorized absence of about 40 days.
sentence of the court included confinement at hard labor for five
On 5 July
months 
1957 you were convicted by another special court-martial of an
unauthorized absence of about 43 days.
to reduction to pay grade E-l,
for five months, confinement at hard labor for five months and a
bad conduct discharge.
probationary period of six months and you were restored to duty
in November 1957.
completed the probationary period.

The record shows that you successfully

The discharge was suspended for a

The court sentenced you

forfeiture of $54 pay per month

A general court-martial convened   on 11 June 1959 and convicted
you of an unauthorized absence of about 68 days and of desertion
for a period of about 121 days.
reduction to pay grade E-l,
confinement at hard labor for two years and a bad conduct
discharge.

The bad conduct discharge was issued on 20 May 1960.

forfeiture of all pay and allowances,

The court sentence you to

Tn 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 and your contention
that your misconduct was caused by a death in the family. The
Board found that these factors and contentions were not
sufficient to warrant recharacterization of your discharge given
your repeated and lengthy periods of unauthorized absence and
The Board was aware that you made no mention of a
desertion.
death in the family when you provided  your version of events
during the classification interview at the retraining command.
The Board concluded that the discharge was proper as issued and
no change is warranted.

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
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

.

2



Similar Decisions

  • NAVY | BCNR | CY2003 | 00382-03

    Original file (00382-03.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 August 2003. 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. However, the Board...

  • NAVY | BCNR | CY2007 | 05237-07

    Original file (05237-07.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 January 2008. 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 Board found that these factors and contentions were not sufficient to warrant recharacterization of your discharge given your multiple lengthy...

  • NAVY | BCNR | CY2002 | 06645-01

    Original file (06645-01.pdf) Auto-classification: Denied

    DEPARTMENTOFTHE NAVY BO ARD FOR CORRE CT ION OF N AV AL RECORD S 2 NAVY ANNE X WASHINGTON DC 20370-510 0 TJR Docket No: 6645-0 1 13 May 200 2 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. sitting in executive session, considered your A three-member panel of the Board for Correction of Naval Records, application on 7 May 2002. injustice were reviewed in accordance with...

  • NAVY | BCNR | CY1998 | NC9805509

    Original file (NC9805509.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 July 1999. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your late brother's naval record and applicable statutes, regulations and policies. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...

  • NAVY | BCNR | CY2002 | 06284-02

    Original file (06284-02.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 November 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. A special court-martial convened on 19 January 1968 and convicted you of an unauthorized absence of about 61 days. However, it does not change the facts of the underlying The Board concluded that the discharge was...

  • NAVY | BCNR | CY2002 | 10183-02

    Original file (10183-02.pdf) Auto-classification: Denied

    You were again convicted by SPCM on 11 October 1956 of larceny and sentenced to confinement at hard labor for two months, a $60 forfeiture of pay, and a bad conduct discharge (BCD). On 21 October You were sentenced to a $30 forfeiture of pay You were sentenced to confinement at hard Your allegations of error and The BCD However, on' by civil authorities ,on 23 On 11 January 1957 you were convicted by SPCM of the foregoing period of UA and sentenced to a $330 forfeiture of pay, On 3...

  • NAVY | BCNR | CY2007 | 03750-07

    Original file (03750-07.pdf) Auto-classification: Denied

    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. You were sentenced to confinement for 16 days. 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.

  • NAVY | BCNR | CY1998 | 08438-98

    Original file (08438-98.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 April 1999. 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...

  • NAVY | BCNR | CY2000 | 06666-00

    Original file (06666-00.pdf) Auto-classification: Denied

    A three-member panel for the Board for Correction of Navy Records, sitting in executive session, considered your application on 7 March 2001. 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. However, on 18 March 1959, you waived your right to request restoration to duty and requested that the bad conduct discharge be executed.

  • NAVY | BCNR | CY2006 | 02768-06

    Original file (02768-06.rtf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 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...