DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
TJR
Docket No: 1439-01
24 August 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 of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 22 August 2001.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
Board.
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.
Your record reflects that during the period from
The Board found you enlisted in the Navy on 21 January 1952 at
the age of 17.
5 August 1952 to 12 November 1953 you received nonjudicial
punishment (NJP) on four occasions for neglect in the performance
of your duties, two specifications of disobedience, using profane
language, absence from your appointed place of duty, and
possession of an unauthorized liberty card.
Your record further reflects that on 25 February 1954 you were
convicted by summary court-martial (SCM) of breaking restriction
and were sentenced to confinement at hard labor for 20 days and a
On 21 June 1954 you received your fifth
$60 forfeiture of pay.
NJP for being out of uniform and were awarded extra duty or five
days.
court-
martial (SPCM) of disobedience and a day of unauthorized absence
(UA)
month, a $50 forfeiture of pay,
- You were sentenced to confinement at hard labor for a
On 8 December 1954 you were convicted by special
Subsequently, on 23 September 1955, you were released from active
duty under honorable conditions and transferred to the Naval
and a reduction in rate.
Reserve.
January 1960, at the expiration of your military obligation, you
were issued a general discharge certificate.
At that time your conduct average was 2.93.
On 20
Character of service was based, in part, on conduct and overall
trait averages which were computed from marks assigned during
periodic evaluations.
required at the time of your service for a fully honorable
characterization of service.
An average of 3.25 in conduct was
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
good post service conduct, and your
your youth and immaturity,
contention that your problems were caused by your alcohol abuse.
However, the Board concluded these factors and contention were
not sufficient to warrant a change in the characterization of
your service because of your frequent misconduct, which resulted
in five
NJPs and two court-martial convictions, and since your
conduct average was insufficiently high to warrant an honorable
discharge.
Given all the circumstances of your case, the Board
concluded your 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.
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
2
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