Search Decisions

Decision Text

NAVY | BCNR | CY2001 | 06684-01
Original file (06684-01.pdf) Auto-classification: Denied
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 



Similar Decisions

  • NAVY | BCNR | CY2001 | 06601-01

    Original file (06601-01.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 March 2002. 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...

  • NAVY | BCNR | CY2001 | 08556-01

    Original file (08556-01.pdf) Auto-classification: Denied

    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. On 20 October 1960 you submitted a written request for immediate execution of the BCD. 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.

  • NAVY | BCNR | CY2002 | 09384-02

    Original file (09384-02.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 August 2003. You received NJP on 22 February 1992 for a 17 period of unauthorized absence (UA) and were awarded restriction and extra duty for 4 5 days and a $550 forfeiture of pay. However, the record does not reflect that any disciplinary action was taken for this period of UA.

  • NAVY | BCNR | CY1999 | 01099-99

    Original file (01099-99.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Na-1 Records, sitting in executive session, considered your application on 20 July 1999. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your husband's naval record, and applicable statutes, regulations, and policies. On 23 April 1969 the commanding officer recommended your husband be issued an undesirable discharge by reason of unfitness.

  • NAVY | BCNR | CY1998 | 08805-98

    Original file (08805-98.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 July 1999. 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. However, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge given the seriousness of your frequent...

  • NAVY | BCNR | CY2002 | 10343-02

    Original file (10343-02.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 September 2003. 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. On 26 October 1966 you were convicted by SPCM of a 67 day period of UA and were sentenced to confinement at hard labor for six months, a $342...

  • NAVY | BCNR | CY2001 | 04596-00

    Original file (04596-00.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 September 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Documentary material considered by the Board consisted of Board. January 1968 you received NJP for a 14 day period of UA and were awarded a $20 forfeiture of pay. Given the circumstances of your case, the Board concluded...

  • NAVY | BCNR | CY2002 | 10272-02

    Original file (10272-02.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 September 2003. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...

  • NAVY | BCNR | CY2002 | 10974-02

    Original file (10974-02.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 October 2003. On 24 June 1968 you were convicted by SCM of a 15 day period of UA and sentenced to a $65 forfeiture of pay and confinement at hard labor for 30 days. 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.

  • NAVY | BCNR | CY2007 | 04031-07

    Original file (04031-07.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 January 2008. 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. On 5 November 1965 and 3 March 1967, you received two more NUJP’s for a four-day period of UA and another period of UA.