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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