DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
ELP
Docket No. 3224-01
31 August 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.
Your allegations of error and injustice were reviewed in
A three-member panel of the Board for Correction of Navy Records,
sitting in executive session,
2001.
accordance with administrative regulations and procedures
applicable to the proceedings of this Board.
material considered by the Board consisted of your application,
together with all material submitted in support thereof, your
naval record and applicable statutes,
considered your application on
Documentary
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.
However, during the 17 month period from July 1952 to
The Board found that you enlisted in the Navy on 19 October 1951
The record reflects that you were
for four years at age 20.
advanced to AA (E-2) and served for nearly nine months without
incident.
December 1953 you received seven nonjudicial punishments (NJP)
and were convicted by a summary court-martial and a special
court-martial.
Your offenses consisted of three periods of
unauthorized absence
periods of UA totaling about 20 hours, shirking duty, refusing to
obey an order, failure to report to appointed place of duty,
damaging personal property,
apprehension, being out of bounds,
creating a disturbance, resisting
and being out of uniform.
(UA) totaling about 9 days, two brief
In December 1953, you were notified that you were being
recommended for discharge by reason of unfitness.
a statement to the effect that most of your offenses related to
You submitted
obligations to your wife,
that you wanted to stay out of trouble but believed that
discharge was only way since you were not suited for military
life.
who you constantly worried about, and
On 24 December 1953 the commanding officer recommended an
undesirable discharge by reason of unfitness.
mendation, the commanding officer noted that in addition to the
foregoing offenses, you had a long record of petty nuisances
within your division for which no punishment or service record
On 18 January 1954 an enlisted performance
entries were made.
evaluation board convened in the Bureau of Naval Personnel and
recommended an undesirable discharge by reason of unfitness. On
18 January 1954 the Chief of Naval Personnel directed an undesir-
able discharge and you were so discharged on 5 February 1954.
In his recom-
and the fact that it has been more
In its review of your application the Board carefully weighed all
potentially mitigating factors such your limited education,
desire for veterans' benefits,
than 47 years since you were discharged.
that these factors were insufficient to warrant
ization of your discharge given your record of seven
convictions by a summa ry court-martial and a special
martial.
concluded that you were guilty of too much misconduct to warrant
recharacterization to honorable or under honorable conditions.
The names and
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
Although your offenses were relatively minor, the Board
The Board concluded
recharacter-
NJPs and
courts-
It is regretted that the circumstances of your case are such
that favorable action cannot be taken.
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
pre-sumption 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.
You are entitled to have
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
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