DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 8818-98
15 July 1999
Dear dElI1nflTt~~
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.
A three—member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 7 July 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
The Board found you reenlisted in the Navy on 5 June 1963 after
three years of prior honorable service.
that you continued to serve for nearly a year without incident
but on 24 June 1963 you were convicted by special court-martial
(SPCM) of three incidents of unauthorized absence (UA) totalling
25 days, missing the movement of your ship, and two incidents of
breaking restriction.
You were sentenced to confinement at hard
labor for four months, forfeitures totalling $292, and reduction
to paygrade E-1.
Your record reflects
Your record further reflects that on 9 March 1965 you were
convicted by SPCM of five incidents of UA totalling 42 days and
three incidents of breaking restriction.
You were sentenced to
reduction to confinement at hard labor for four months,
forfeitures totalling $200, and a bad conduct discharge (BCD).
On 3 May 1965 you submitted a written request for immediate
execution of the BCD.
financial problems and had lost all interest in the Naval
Service.
After the findings and sentence of the SP~Mwere
Your request noted that you were having
reviewed and approved, the BCD was ordered executed.
1965 you received the BCD.
On 11 June
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity, good post service conduct and your
contention that you would like your discharge upgraded for
personal reasons.
you were having drinking problems.
your character reference letter.
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your frequent
misconduct and your request for immediate execution of your
Given all the circumstances of your case, the Board
discharge.
concluded your discharge was proper and no change is warranted.
Accordingly, your application has been denied.
The Board also considered your contention that
Further, the Board considered
However, the Board concluded
The names and votes of the members 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.
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.
You are entitled to have the
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
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