DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
ELP
Docket No. 3334-01
7 September 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
A three-member panel of the Board for Correction of Navy Records,
sitting in executive session,
6 September 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.
considered your application on
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 record reflects that you were advanced to EMFN (E-3)
However, during the four
Your enlisted in the Navy on 12 February 1963 for four years at
age 18.
and served 19 months without incident.
month period from September 1964 to January 1965 you were
convicted by two special courts-martial for two periods of
unauthorized absence (UA) totalling about 103 days, missing
ship's movement, and breaking restriction.
were terminated by your apprehension.
Both periods of UA
On 4 February 1965 you underwent a psychiatric evaluation and
were diagnosed with an anti-social personality disorder.
examining psychiatrists opined that you were not suffering from a
psychosis or psychoneurosis,
could distinguish right from wrong,
and were an unlikely candidate for rehabilitation.
The
court-
from 7 February to 31 March
This period of UA was also
You were sentenced to
On 13 April 1965 you were convicted by a third special
martial of a 52 day period of UA,
1965, and breaking restriction.
terminated by your apprehension.
confinement at hard labor for six months, forfeitures of $55 per
months for six months, reduction in rate to EMFR (E-l), and a bad
The convening authority approved the sentence
conduct discharge.
but reduced the forfeitures to $48 per month for six months and
the supervisory authority further reduced the forfeitures to $43.
The Navy Board of Review approved the findings and the sentence
on 13 May 1965.
On 2 August 1965 you waived the right to request restoration to
duty and requested that the bad conduct discharge be executed.
You stated
"I have been locked up for about seven months and I
have a lot of family problems so I do not desire to return to
duty."
1965.
You received the bad conduct discharge on 3 September
The Board concluded that the foregoing factors and
In its review of your application the Board carefully weighed all
potentially mitigating factors such as your youth and immaturity
and the fact that it has been 36 years since you were discharged.
The Board noted your contentions to the effect that your multiple
UAs were due to your wife being committed to a state hospital
because of drugs, and you had no one to take care of a newborn
son.
contentions were insufficient to warrant recharacterization of
your discharge given your three convictions by special
martial.
totaled 375 days.
evidence of record nor by any evidence submitted in support of
your application.
The Board noted the aggravating factor that
each of the prolonged periods of UA were terminated only by your
apprehension and you waived the right to restoration to duty, the
one opportunity you had to earn a discharge under honorable
conditions.
misconduct to warrant recharacterization to honorable or under
honorable conditions.
Accordingly, your application has been
denied. The names and votes of the members of the panel will be
furnished upon request.
Your lost time due to UA and military confinement
The Board concluded that you were guilty of too much
Your contentions are neither supported by the
courts-
It is regretted that the circumstances of your case are such that
You are entitled to have the
favorable action cannot be taken.
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
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