DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY
ANNEX-
WASHINGTON DC 20370-510
0
CR S
Docket No: 4713-01
27 November 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
Your allegations of error and
application on 20 November 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.
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 21 February 1948
at the age of 15.
were convicted by a general court-martial of an unauthorized
absence of 31 days.
seven months, a reduction in rank,
On 17 August 1949 the commanding officer recommended your
retention even though you fraudulently enlisted at age 15.
October 1949 the Acting Secretary of the Navy restored you to
active duty and suspended the bad conduct discharge for six
months.
A summary court-martial convened on 5 August 1950 and found you
guilty of an unauthorized absence of four days.
sentenced you to a bad conduct discharge that was suspended for
six months.
nonjudicial punishment for an unauthorized absence of two days
and possession of another man's clothing.
conduct discharge was then ordered executed and you were so
discharged on 22 December 1950.
The record reflects that on 18 July 1949 you
The court sentenced you to confinement for
and a bad conduct discharge.
On 31
The court
Subsequently, on 22 November 1950 you received
The suspended bad
In its review of your application the Board carefully weighed all
potentially mitigating factors,
such as your extreme youth and
immaturity and diagnosed bipolar disorder.
However, the Board
concluded that these factors were not sufficient to warrant
recharacterization of your discharge, given the frequency of your
offenses.
The Board also noted that both bad conduct discharges
were suspended, thus giving you an opportunity to earn a better
discharge.
However, you continued to commit offenses, which
resulted in the second bad conduct discharge being executed.
Concerning the bipolar disorder, there is no evidence in the
record, and you have submitted none,
from this disorder at the time of your service or, if you did,
that it was sufficiently severe to mitigate your misconduct to an
extent that recharacterization is warranted.
foregoing, the Board concluded that no change to the discharge is
warranted.
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.
Accordingly, your application has been denied.
to show that you suffered
Based on the
Sincerely,
W. DEAN PFEIFFER
Executive Director
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