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NAVY | BCNR | CY2001 | 08556-01
Original file (08556-01.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   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:  8556-01 
10 June 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 4 June 2002.  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. 

You enlisted in the Navy on 11 July 1957 at the age of 18.  On 21 
November 1957 you received nonjudicial punishment  (NJP) for 
absence from your appointed place of duty and were awarded extra 
duty for .nine hours. 

On 21 April  1958 you were convicted by summary court-martial 
(SCM) of a nine day period of unauthorized absence  (UA) and 
sentenced to restriction for 45 days.  On 12 September 1958 and 
again on 23 March  1959 you received NJP for absence from your 
appointed place of duty.  On 11 June 1959 you were convicted by 
special court-martial  (SPCM) of an eight day period of UA and 
sentenced to confinement at hard labor for two months, a $100 
forfeiture of pay, and reduction to paygrade E-1.  On 1 December 
1959 you were again convicted by SCM of a 14 day period of UA and 
sentenced to confinement at hard labor for a month and a $75 
forfeiture of pay. 

On 25 February 1960 you received your fourth NJP for urinating in 
an overhang area and were awarded confinement for two days.  On 8 
August 1960 you were convicted by SPCM of a 107 day period of UA. 

You were sentenced to confinement at hard labor for six months,  a 
$420 forfeiture of pay, and a bad conduct discharge  (BCD).  On 20 
October  1960 you submitted a written request for immediate 
execution of the BCD.  Your request stated, in part, as follows: 

My family life is in quite a mess and I feel that it is my 
job to take care of them.  My mom and dad are overseas and 
they can't  help them so its up to me.  I can't  help them in 
the Navy.  Life is what a man makes it.  It can be only as 
good as he makes it and I intend to make good. 

The BCD was subsequently approved at all levels of review and 
ordered executed.  On 29 December 1960 you received the BCD. 

The Board, in its review of your entire record and application, 
carefully weighed all potentially mitigating  factors, such as 
your youth and immaturity, post  service conduct, and your 
contentions that you could not adapt to military  life, and that 
you would like your discharge upgraded so that you may receive 
medical benefits.  Nevertheless, the Board concluded these 
factors and contentions were not sufficient to warrant 
recharacterization of your discharge because of your repetitive 
misconduct, which resulted in four NJPs and four court-martial 
convictions.  Further, no discharge is automatically upgraded due 
to an individual's good behavior after discharge.  Given all the 
circumstances in 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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