DEPARTMENT OF
THEI NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
X
2 NAVY ANNE
S
WASHINGTON DC
2037(1-5100
ELP
Docket No. 708-01
7 June 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
15521.
A three-member panel for the Board for Correction of Navy
Records, sitting in executive session, considered your
application on 6 June
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
your application,
thereof, your naval record and applicable statutes, regulations
and policies.
mater,ial considered by the Board consisted of
togeths'r with all material submitted in support
Your allegations of error and
Documentary
2OCll.
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 29 June 1951 for
a minority enlistment at age 17.
were awarded the Korean Service Medal for service on board the
USS ROCHESTER and were advanced to CSC: (E-4).
incident until 8 March 1954 when you received nonjudicial
punishment (NJP) for possession of two military identification
(ID) cards and a forged ID card.
reduction in rate to CSSN (E-3).
The record reflects that you
Punishment imposed was a
You served without
On 24 March 1954 you were convicted by civil authorities of
possessing and furnishing narcotics.
sentenced to six months in jail,
and to a year of probation.
received was six years in prison.
On 22 April 1954, you were
with all but 60 days suspended,
The maximum sentence you could have
On 1 May 1954 the commanding notified the Chief of Naval
Personnel (CNP) of your conviction and recommended that you be
Thereafter, an administrative discharge board was
discharged.
convened in the Bureau of Naval Personnel and recommended that
you be separated with an undesirable discharge by reason of
misconduct due to conviction by civil authorities.
1954, CNP directed an undesirable discharge and you were so
discharged on 8 July 1954.
On 26 May
Applicable regulations provided that an individual convicted by
civil authorities for an offense which involved moral turpitude,
or for which the
Code of Military Justice is confinement in excess of one year,
may be administratively discharged, as undesirable, by reason of
misconduct.
maximunl permissible punishment under the Uniform
application the Board carefully weighed all
In its review of your
potentially mitigating factors such as youth and immaturity,
limited education, Korean service,
good post-service conduct,
regret for the actions which led to your discharge, and the fact
that it has been more than 46 years since you were discharged.
The Board noted your contention that you were also
martialed for an unauthorized absence as result of the civil
conviction sentence.
However, available records contain no
evidence that you were court-martialed upon your release by civil
authorities.
The Board concluded that the foregoing factors and
contentions were insufficient to warrant recharacterization of
your discharge given your record of an NJP and a civil conviction
for drug offenses.
Your civil conviction brought great discredit
to the Navy, the command, and your peers.
the discharge was proper and no change is warranted.
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon request.
The Board concluded
court-
oe taken.
It is regretted that the circumstances of your case are such that
favorable action cannot
You are entitled to have the
Board reconsider its decision upon
su:bmission of new and material
evidence or other matter not previously considered by the Board.
In this regard, it is
presumption of
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
regularit{ attaches to all official records.
important to keep in mind that a
Nor injustice.
Sincerely,
W. DEAN PFEIFFER
Exlacutive Director
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