DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC
20370-5100
TJR
Docket No: 4467-01
19 December 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 11 December 2001.
injustice were 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.
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.
The Board found you enlisted in the Navy on 9 April 1957 at the
age of 17.
Your record reflects that you served for a year and
two months without disciplinary incident but on 17 June 1958 you
received nonjudicial punishment (NJP) for absence from your
appointed place of duty and failure to obey a lawful order.
punishment imposed was extra duty for 10 days.
The
On 5 April 1960 you received NJP for failure to obey a lawful
order, being out of uniform,
sheet.
The punishment imposed was extra duty for two weeks.
Your record also contains an administrative remarks (page 13)
entry dated 16 May 1960 which states, in part, as follows:
and improperly filling out a trip
(Member's) constant indifference to any task assigned
and his continued disregard for military rules and
regulations make him a positive discredit to the Naval
Service.
Your record further reflects that on 14 February 1961 you
received your third NJP for gambling aboard your ship and were
awarded extra duty for two weeks.
February 1961, you were released from active duty and transferred
to the Naval Reserve under honorable conditions.
1963, at the expiration of your obligated service, you were
issued an honorable discharge certificate.
Two weeks later, on 28
On 8 April
Characterization of service was based, in part, on conduct and
performance averages which were computed from marks assigned
during periodic evaluations.
required at the time of your service for a fully honorable
characterization of service.
Your conduct average was 2.8.
An average of 3.0 in conduct was
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity and good post service conduct.
However,
Board also considered your letters of recommendation.
the Board concluded these factors were not sufficient to warrant
a change in the characterization of your service because of your
repetitive misconduct, and since your conduct average was
insufficiently high to warrant a fully honorable discharge.
Further, the Board noted that you were erroneously issued an
honorable discharge certificate at the expiration of your
enlistment and concluded that a change in the characterization of
your release from active duty would only compound the error.
Given all the circumstances of your case, the Board concluded the
characterization of your release from active duty was proper and
no change is warranted.
Accordingly, your application has been
denied.
The
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
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