DEPARTMENT OF THE NAVY
B O A R D FOR C O R R E C T I O N OF NAVAL R E C O R D S
2 NAVY ANNEX
W A S H I N G T O N D C 2 0 3 7 0 - 5 1 0 0
TJR
Docket No: 6684-01
12 March 2002
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 5 March 2001. Your allegations of error and
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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
The Board found you enlisted in the Navy on 1 April 1966 at the
age of 18. Your record reflects that you served for a year
without disciplinary incident, but on 10 April 1967 you received
nonjudicial punishment (NJP) for underage drinking, failure to go
to your appointed place of duty, and absence from your appointed
place of duty. The punishment imposed was a $60 forfeiture of
pay and restriction for 60 days.
A year later, on 12 April 1968, you were convicted by special
court-martial (SPCM) of three periods of unauthorized absence
(UA) totalling 62 days and breaking restriction. You were
sentenced to a $280 forfeiture of pay, confinement at hard labor
for four months, reduction to paygrade E-2, and a bad conduct
discharge (BCD). However, before the BCD could be executed, you
committed further misconduct.
On 12 November 1968 you were convicted by summary court-martial
(SCM) of a 70 day period of UA and were sentenced to confinement
at hard labor for 20 days and a reduction to paygrade E-1. On 29
January 1969 you were convicted by SCM of a 20 day period of UA
and were sentenced to confinement at.hard labor for 20 days.
The BCD adjudged at the SPCM of 12 April 1968 was approved and on
14 February 1969 you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity. However, the Board concluded these
factors were not sufficient to warrant recharacterization of your
discharge because of your repetitive misconduct, which resulted
in a NJP and three court-martial convictions for offenses which
include periods of UA totalling about five months. Given all the
circumstances of your case, the Board concluded your discharge
was proper as issued and no change is warranted. Accordingly,
your application has been denied.
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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