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
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