DEPARTMENT OF THE NAVY
BOARd FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 1073-02
19 December 2002
Correction of your
This is in reference to your application for
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 11 December 2002.
Your allegations of error and
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.
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 submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Navy on 30 January 1957.
The record reflects that on 5 September 1958 you were convicted
by civil authorities of contributing to the delinquency of a
minor.
The court sentenced you to probation for three years.
Subsequently, you received three nonjudicial punishments and were
convicted by two summary courts-martial.
The offenses included
unauthorized absences totalling six days, being on liberty with
no liberty card on two occasions, drinking as a minor, being out
of uniform,
stealing eight liberty cards, using a false liberty
card,
October 1958 your final physical examination found that you had
no complaints and were qualified for separation.
On 24 October
1958 you received a general discharge by reason of unsuitability.
Character of service is based, in part,
overall trait
assigned during periodic evaluations.
trait averages were 2.66
on one's conduct and
Your conduct and overall
averaqes, both of which are computed from marks
and absence from your appointed place of duty.
hhd 2.80,
On 21
respectivrly. A
mifiimlrm
average conduct mark of 3.0 was required for a fully honorable
characterization of service at the time of your separation.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and
immaturity.
However, the Board concluded that these factors were
not sufficient to warrant recharacterization of your discharge
given your five disciplinary actions and since your conduct
average was insufficiently high to warrant a fully honorable
The Board considered your contention that your
discharge.
ability to serve was impaired by mental anguish, but you have
submitted no evidence in support of this contention, and the
separation physical examination indicates that you had no
physical or mental problems.
been denied.
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.
The names and votes of the members of the panel
Accordingly, your application has
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
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