DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
TJR
Docket No: 4552-01
19 December 2001
Dear
This is in reference to your
naval record pursuant to the provisions of Title 10, United
States Code, Section 1552'.
application.for..correction of your
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.
Navy-on 25 February 1965 at
Your record reflects that you served for a year
The Board found you enlisted in the
the age of 18.
without disciplinary incident but on 25 February 1966 you
received nonjudicial punishment
appointed place of duty and were awarded a suspended reduction to
paygrade E-3.
and'nine.months later, on 28
November 1967, you were convicted by special court-martial
of larceny of a wallet containing $174.
reduction to
days.
You were sentenced to
paygrade E-3 and confinement at hard labor for 45
(NJP) for absence from your
Approximately a year
(SPCM)
You were sentenced to confinement at hard labor for four
Your record further reflects that on 23 April 1969 you were
convicted by SPCM of a 214 day period of unauthorized absence
WA).
months, a $280 forfeiture of pay, and reduction to
On 16 June 1969 you were notified of pending administrative
separation action by reason of misconduct due to frequent
involvement of a discreditable nature with military authorities.
At that time you waived your rights to consult with legal
paygrade E-l.
counsel, to present your case to an administrative discharge
board, and to submit a statement in rebuttal to the discharge
action.
On 19 June 1969 your commanding officer recommended you
be discharged under other than honorable conditions by reason of
misconduct due to frequent involvement of a discreditable nature
with military authorities.
authority directed an other than honorable discharge by reason of
misconduct, and on 21 July 1969 you were so discharged.
On 2 July 1969 the discharge
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity,
and your contentions that you were
harassed and suffer from post traumatic stress disorder (PTSD).
However, the Board noted that you submitted no evidence in
support of these contentions,
and the record contains no such
evidence.
not sufficient to warrant recharacterization of your discharge
because of the serious nature of your repetitive misconduct and
especially your lengthy period of UA.
circumstances of your case,
was proper as issued and no change is warranted.
your application has been denied.
Given all the
conaluded your discharge
Accordingly,
The Board concluded these factors and contentions were
the Board
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
2
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