DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
CRS
Docket No: 6167-01
19 December 2001
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,*
.your application for correction of your
Dear.
This is in reference to
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 18 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.
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 17 October 1951
at age 17.
punishment and were convicted by two special courts-martial.
offenses included unauthorized absences totalling 171 days,
improper performance of duty, and missing movement.
A third special court-martial convened on 4 May 1954 and you were
found guilty of an unauthorized absence of 18 days and missing
movement.
for four months, forfeitures of $60 per month for four months and
a bad conduct discharge.
You received the bad conduct discharge
on 11 August 1954.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and immaturity
However,
and the contention that your discharge was too harsh.
the Board concluded that these factors were not sufficient to
warrant recharacterization of your discharge due to the fact that
your unauthorized absences total-led more than six months. In
The court sentenced you to confinement at'hard labor
The record reflects that you received nonjudicial
The
Based on the
Accordingly, your application has been denied.
this regard, your discharge was not too harsh.
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.
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
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