DEPARTMENT OF THE NAVY
BOARD FOR
CORRECTI& OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 918-01
18 July 2001
Dear
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 10 July 2001.
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
and applicable statutes, regulations,
thereof, your naval record,
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 enlisted in the Navy on 18 April 1963 at the
age of 17.
Your record reflects that during the period from 20
January to 17 December 1964 you received nonjudicial punishment
(NJP) on four occasions for failure to obey a lawful order,
destruction of government property, skylarking, absence from your
appointed place of duty,
and two periods of unauthorized absence
(UA)
totalling six days.
Your record further reflects that on 19 February 1965 you were
convicted by summary court-martial (SCM) of a 15 day period of
UA, failure to obey a lawful order, and assault.
sentenced to restriction for 60 days, a $72 forfeiture of pay,
and reduction in rate.
On 22 April 1965 you received NJP for
absence from your appointed place of duty and were awarded
You were
restriction for 10 days.
received NJP for misbehavior as sentinel, failure to go to your
appointed place of duty,
punishment imposed was restriction and extra duty for 45 days and
a $45 forfeiture of pay.
and failure to obey a lawful order.
Shortly thereafter, on 8 June 1965, you
The
You then waived your rights to consult with legal
On 10 June 1965 you were notified of pending administrative
separation action by reason of unfitness due to repeated military
offenses.
counsel, present your case to an administrative discharge board,
or submit a statement in rebuttal to the discharge.
On 13 June
1965 your commanding officer recommended you be issued an other
than honorable discharge by reason of unfitness due to repeated
military offenses as evidenced by six
NJPs and a court-martial
conviction.
recommendation for separation but directed that execution of the
discharge be suspended for one year,
behavior.
for being drunk on duty and failure to obey a lawful order.
punishment imposed was confinement on bread and water for three
days.
executed and on 4 July 1965 you were so discharged.
However, on 2 July 1965, you received your seventh NJP
The
Subsequently, the undesirable discharge was ordered
On 25 June 1965 the discharge authority approved the
conditioned on your good
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity and your contention that because you
were unsuitable for the service and unable to positively adjust
to military environment, under current standards, you would have
received an entry level separation or an honorable discharge.
However, the Board concluded these factors and contention were
not sufficient to warrant recharacterization of your discharge
because of the serious nature of your repetitive misconduct which
resulted in seven
Board noted that you committed an offense after the probationary
period was directed by the discharge authority.
Further, your
characterization of service would be appropriate even under
current standards.
Given all the circumstances of your case, the
Board concluded your discharge was proper as issued and no change
is warranted.
Accordingly, your application has been denied.
NJPs and a court-martial conviction.
Also, the
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.
2
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
3
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