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NAVY | BCNR | CY2001 | 04484-01
Original file (04484-01.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

T&JR
Docket No:  
19 December 2001

4484-01

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 25 July 1956 at the
age of 17.
Your record reflects that you served for a year and
five months without disciplinary incident but on 30 December 1957
you received nonjudicial punishment  
(NJP) for absence from your
appointed place of duty and were awarded extra duty for 20 hours.
Approximately a year later,
on 16 December 1958, you received NJP
for possession of two identification (ID) cards, lending an ID
card, and wearing civilian clothing aboard your ship.
punishment imposed was restriction for two weeks.

The

You were sentenced to confinement at hard labor for

Your record further reflects that on 1 May 1959 you were
convicted by special court-martial (SPCM) of an 81 day period of
unauthorized absence (UA), breaking restriction, and altering an
ID card.
four months, a $280 forfeiture of pay, and a bad conduct
discharge (BCD).
for immediate execution of the BCD,
desire to remain in the Naval Service.
approved at all levels of review,
received the BCD.

On 10 July 1959 you submitted a written request

stating that you did not

Subsequently, the BCD was

and on 25 September 1959 you

The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity and post service conduct.
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your repetitive misconduct,
court-martial conviction.
lengthy period of UA.
the'Board concluded your discharge was proper as issued and no
change is warranted.
denied.

Accordingly, your application has been

The Board especially noted your

However, the

which resulted in two  

NJPs and a

Given all the circumstances of your case,

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



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