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Decision Text

NAVY | BCNR | CY2001 | 08270-01
Original file (08270-01.pdf) Auto-classification: Denied
DEPARTMENT OF THE  N A V Y  

B O A R D   F O R   C O R R E C T I O N   O F   N A V A L   R E C O R D S  

2  N A V Y   A N N E X  

W A S H I N G T O N   D C   2 0 3 7 0 - 5 1 0 0  

WMP 
Docket No:  8270-01 
10 May 2002 

This is in reference to your application for correction of your 
naval record pursuant to the provisions of Title 10 of the 
United States Code section 1552. 

A three-member panel of the Board for Correct:~on of Naval 
Records, sitting in executive session, considered your 
application on 8 May 2002.  Your allegations of error and 
injustice were reviewed in accordance with adninistrative 
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 subnitted was 
insufficient to establish the existence of probable material 
error or injustice. 

You enlisted in the Navy on 30 December 1950 at age 18 under the 
provisions of a minority enlistment. The record reflects that 
you served for nearly nine months without incident.  However,. 
during the 25 month period from September 1951 to October 1953 
you received four nonjudicial punishments  (NJP) and were 
convicted by three summary and two special courts martial.  Your 
offenses consisted of three periods of unauthorized absence  (UA) 
totally about 20 days, two instances of failure to go to your 
appointed place of duty, two instances of dereliction in the 
performance of your duties, two instances of failure to obey a 
lawful general regulation, conduct to the pre~udice of good 
order and discipline, failure to obey a lawful. order, breaking 
restriction, and resisting apprehension. 

The record further reflects that you were discharged by the 
convenience of the government under honorable conditions on 18 
January 1954 prior to your 2 l S t   birthday. 

Characterization of service is based, in part, on conduct and 
proficiency  averages, which are computed from marks assigned on 
a periodic basis.  Your conduct and proficiency average, were 
2.15 and 2.50, respectively.  At the time of your service, an 
individual was required to attain averages of 3.25  in conduct 
and 2.75 in proficiency in order to receive a fully honorable 
characterization of service. 

In its review of your application the Board carefully weighed 
all potentially mitigating  factors such as your youth and 
immaturity, limited education and the fact that it has been over 
48 years since you were discharged.  The Board concluded that 
these factors were insufficient to warrant recharacterization of 
your discharge given your record of four NJP's, three summary 
and two special court martial convictions, and your failure to 
achieve the required average in conduct.  Further, you failed to 
achieve the required average marks in conduct and proficiency. 
You have provided neither probative evidence nor a convincing 
argument in support of your application. 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 ~~rplicant to demonstrate the 
existence of probable material error or injustice. 

Sincerely, 

W.  DEAN PFEIFFER 
Executive Director 



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