DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR
Docket No: 2747-01
18 September 2001
Dear
s
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
Your allegations of
application on 13 September 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
thereof, your naval record, and applicable statutes, regulations,
and policies.
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 on 21 March 1959 you
The Board found you enlisted in the Navy on 11 June 1958 at the
age of 20.
received nonjudicial punishment
unauthorized absence
days.
court-
martial (SPCM) of a 34 day period of UA and sentenced to a $136
forfeiture of pay and a reduction in rate.
On 7 October 1959 you were convicted by special
WA) and were awarded restriction for 14
(NJP) for a seven day period of
Your record further reflects that on 14 July 1960 you were
convicted by SPCM of three periods of UA totalling 42 days and
breaking restriction.
labor for three months, a $129 forfeiture of pay, reduction to
paygrade E-l, and a bad conduct discharge (BCD).
On 31 August
1960 you submitted a written request for immediate execution of
the BCD stating, in part, that you had no desire to stay in the
Navy.
review, and on 28 September 1960 you received a BCD.
Subsequently, the BCD was approved at all levels of
You were sentenced to confinement at hard
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
i
However, the Board concluded these
your youth and immaturity.
factors were not sufficient to warrant recharacterization of your
discharge because of the serious nature of your repetitive
misconduct which resulted in two court-martial convictions and a
NJP.
Given 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.
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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