DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
NAVY
ANNEX
2
WASHINGTON DC 20370-510
0
S
TRG
Docket No:
17 July 2002
2104-01
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 Correction of Naval
Records, sitting in executive session, considered your
application on 16 July 2002.
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.
Your allegations of error and
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.
On 21 March
While in confinement,
The court sentenced you to forfeitures of pay and
Subsequently, you were returned to duty and, on 29
You enlisted in the Navy on 13 April 1954 at age 17.
1955 you were convicted by a special court-martial of an
unauthorized absence of about 136 days and three instances of
disobedience.
three months confinement at hard labor.
you received nonjudicial punishment for a violation of brig
regulations.
August 1955, you completed recruit training.
On 4 October 1955, you received another NJP for violation of an
order not to hitchhike.
April 1956. On that date you began a period of unauthorized
absence that lasted until you were apprehended on 18 June 1956.
A special court-martial convened on 9 August 1956 and convicted
you of the foregoing period of unauthorized absence of about 76
The court
days and missing ship's movement on 2 April 1956.
sentenced you to reduction to pay grade E-l, forfeiture of $55
pay per month for six months,
months and a bad conduct discharge.
confinement at hard labor for six
On 9 October 1956, you
You then served without incident until 2
. elected to waive your right to request restoration to duty.
bad conduct discharge was issued on 22 December 1956.
The
such as your youth and limited
The Board also considered the character references
In its review of your application the Board carefully weighed all
potentially mitigating factors,
education.
you submitted that show that you have been a good citizen for
many years.
sufficient to warrant recharacterization of your discharge given
your record of misconduct and especially your final lengthy
periods of absence.
convicted by a previous special court-martial for unauthorized
absences, you had to know the possible consequences of further
misconduct of this nature.
unauthorized absence was indicative of willful misconduct.
The Board concluded that the discharge was proper as issued and
no change is warranted.
The Board believed that your final
The Board found that these factors were not
The Board believed that after being
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
The names and
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
2
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