DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
ELP
Docket No. 3292-01
27 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.
considered your application on
Your allegations of error and injustice were
A three-member panel of the Board for Correction of Navy Records,
sitting in executive session,
22 August 2001.
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
thereof, your naval record and applicable statutes, 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.
The Board found that you enlisted in the Navy on 1 July 1947 for
three years at age 18.
recruit training and were advanced to fireman second class.
The record reflects that you completed
You served for 14 months without incident.
five month period from September 1948 to February 1949 you
received two nonjudicial punishments
petty officer and an absence over leave for a period of one day.
However, you were advanced to FN (E-3) on 15 April 1949.
(NJP) for insolence to a
However, during the
The record reflects that on 17 August 1949 you and two other men
picked up a black Sailor and drove to National City, CA.
Upon
arrival, you all got out of the car and one of the men simulated
that he had a gun in his pocket and pointed it at the black
Sailor.
took six dollars from him.
The record indicates you searched the black Sailor and
After taking the man's money, you
took him to a bus stop and let him go.
proceeded to San Diego, where you picked up another Sailor and
were later apprehended by the police.
convicted of second degree robbery by the civil authorities and
placed on probation for a period of four years.
On 30 August 1949 you were
You and the two other men
On 21 September 1949 you were convicted by summary court-martial
of an absence over leave from 16 August to 16 September 1949.
You were sentenced to forfeitures of $45 per month for six
months, extra police duties for two months, and a bad conduct
discharge.
On 11 October 1949 the commanding officer reported your
convictions by civil court and summary court-martial to the Chief
of Naval Personnel.
conduct discharge and you were so discharged on 23 November 1949.
The Secretary of the Navy approved the bad
In its review of your application the board carefully weighed all
potentially mitigating factors such as your youth and immaturity,
limited education, letters of reference, expression of regret,
your wife's letter, and the fact that it has been more than 51
years since you were discharged.
The Board noted your conten-
tions that the civil conviction was the result of following the
other sailors, you were given probation because you did not
commit the crime and, under current standards, you would not have
been discharged.
The Board concluded that the foregoing factors
were insufficient to warrant recharacterization of your discharge
given your record of three
conviction, and the serious nature of the offense of which you
were convicted by civil authorities.
The Board did not agree
with your contention that if convicted under current standards
you would not have received a bad conduct discharge.
Your
conviction and discharge were effected in accordance with
applicable law and regulations,
characterizes your service.
Investigation report obtained by the Board indicates that your
post-service conduct has been marred by convictions for drunk and
reckless driving.
and the discharge appropriately
Additionally, a Federal Bureau of
NJPs, a summary court-martial
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.
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
copy to
The American Legion
3
NAVY | BCNR | CY2003 | 01453-03
About a year later, on 6 October 1950, you received captain's mast (CM) for drunkenness and not having an identification or liberty card. On 9 October 1952 the recommendation was approved, and you received the undesirable discharge on 22 October 1952. 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.
NAVY | BCNR | CY2008 | 07187-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 January 2009. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2010 | 01418-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 October 2010. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies. On 25 June 1982 you began a period of UA that was not terminated until you were apprehended by civil authorities.
NAVY | BCNR | CY2001 | 08100-01
The Board, consisting of Mr. Beckett, Mr. Leeman and Mr. Taylor, reviewed Petitioner's allegations of error and injustice on 16 April 2002 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. In any case, the Board concludes that the bad conduct discharge should now be recharacterized to general as a matter of clemency. That this Report of Proceedings be filed in Petitioner's naval record c. That...
NAVY | BCNR | CY2010 | 07400-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 March 2011. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies. You were notified of pending administrative discharge processing under other than honorable (OTH) conditions.
NAVY | DRB | 2001_Navy | ND01-00565
After a thorough review of the records, supporting documents, facts, and circumstances unique to this case, the Board found that the discharge was proper and equitable (C and D). The applicant’s eighth issue states: “I have received treatment and ready to come back home in the navy.” The applicant failed to provide documentary evidence to support his sobriety and post service accomplishments. Evidence of continuing educational pursuits, an employment record, documentation of community...
NAVY | BCNR | CY2004 | 01187-04
Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes, 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 materialThe Board found that you enlisted in the Navy on 29 May 1946 at age 18. On 1 October 1948 you were convicted by deck...
NAVY | BCNR | CY1999 | 07172-99
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 February 2000. 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. While you were placed in a rehabilitation Whether you The Board concluded that recharacterization of your discharge is not warranted given your record of...
NAVY | BCNR | CY2002 | 02684-02
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORD S 2 NAVY ANNE X WASHINGTON DC 20370-510 0 WMP Docket No: 3 October 2002 2684-02 This is in reference to your application for correction of your naval United States Code section 1552. record pursuant to the provisions of Title 10 of the A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 October 2002. injustice were reviewed in accordance with...
NAVY | BCNR | CY2009 | 08091-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 May 2010. However, in April 1950, you received a fifth CM for five hours of AWOL and in July 1950, you violated your probation by being found guilty of 15 hours of AWOL, forgery, and missing muster. 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...