DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
’
2
NAW ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No:
27 May 1999
8716-98
Dear
This is in reference to your
naval record pursuant to the
States Code, Section 1552.
application for correction of your
provisions of Title 10, United
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 27 April 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 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.
Your record reflects that you received three
The Board found that you enlisted in the Navy on 29 December 1964
at age 18.
nonjudicial punishments and were convicted by two summary
martial.
37 days, missing movement, failure to obey a lawful order,
and possession of drugs.
larceny, assault, drunk on duty,
The offenses included unauthorized absences
courts-
totalling
On 16 June 1967 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 but suspended for twelve months.
August 1967 you left your ship while in a duty status.
Subsequently, the suspended undesirable discharge was ordered
executed and you were discharged on 14 August 1967.
On 11
In its review of your application the Board carefully weighed all
potentially mitigating factors,
and good postservice conduct.
these factors were not sufficient to warrant recharacterization
However, the Board concluded that
such as your youth and immaturity
.
of your discharge, given your drug use and record of frequent
involvement with military authorities.
The Board especially
noted the fact that you were the subject of five disciplinary
actions within a perod of less than three years.
Board also noted that the initial undesirable discharge was
suspended, thus giving you an opportunity to earn a better
discharge.
resulted in the discharge being executed.
foregoing, the Board concluded that no change to the discharge is
The
warranted.
names and votes of the members of the panel will be furnished
upon request.
However, you continued to commit offenses, which
Accordingly, your application has been denied.
Further, the
Based on the
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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