DEPARTMENT OF THE NAVY
B O A R D F O R C O R R E C T I O N O F N A V A L R E C O R D S
2 N A V Y A N N E X
W A S H I N G T O N D C 2 0 3 7 0 - 5 1 0 0
ELP
Docket No. 6666-00
9 March 2001
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 for the Board for Correction of Navy
Records, sitting in executive session, considered your
application on 7
March 2001. 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 policies.
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.
The Board found that you enlisted in the Navy on 7 February 1957
f o r a minority e n l i s t m e n t a t age 1 7 . The record reflects that
you were advanced to SA (E-2) and served for 10 months without
incident. However, during the nine-month period from December
1957 to September 1958 you were convicted by two special Courts-
martial and received a nonjudicial punishment (NJP). Your
offenses consisted of a 35-day period of unauthorized absence
(UA), failure to obey a lawful order, and unspecified violations
of Articles 86 and 134 of the Uniform Code of Military Justice.
On 8 December 1958 you were convicted by a third special court-
martial of missing movement and a 24-day period of UA, from
20 October to 12 November 1958. You were sentenced to confine-
ment at hard labor for six months, forfeitures of $55 per month
for six months and a bad conduct discharge. The supervisory
authority approved the sentence but reduced the forfeitures to
$50 per month. The Navy Board of Review affirmed the findings
and the sentence on 15 January 1959 but also recommended that the
bad conduct discharge be suspended for an appropriate
probationary period. However, on 18 March 1959, you waived your
right to request restoration to duty and requested that the bad
conduct discharge be executed. You stated "1 couldn't go
straight for the rest of my enlistment." Clemency was denied and
you received the bad conduct discharge on 1 May 1959.
In its review of your application the Board carefully weighed all
potentially mitigating factors such as your youth and immaturity,
limited education, and the fact that it has been more than 41
years since you were discharged. The Board noted your
contentions that you have been responsible citizen, raised five
children, and have had no felony convictions. The Board
concluded that the foregoing factors and contentions were
insufficient to warrant recharacterization of your discharge
given your record of an NJP and three special courts-martial
convictions. The Board noted the aggravating factor that you
waived your right to restoration to duty and stated that you did
not believe you could stay out of trouble for the rest of your
enlistment. This was the one opportunity you had to earn a
discharge under honorable conditions. It appeared to the Board
that a request for restoration would have been approved in view
of the Navy Board of Review recommendation. Your conviction and
discharge were effected in accordance with applicable law and
regulations, and the discharge appropriately characterizes your
service. A Federal Bureau of Investigation report obtained by
the Board indicates that your post-service conduct has been
marred by convictions of automobile theft (Dyer Act) and a class
A theft (misdemeanor). Accordingly, your application has been
denied. 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. 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
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