DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR
Docket No: 2218-02
19 September 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 17 September 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.
togetherewith all material submitted in support
your application,
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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy on 19 September 1955 at the age of 17.
On 25 May and again on 30 October 1956, you were convicted by
summary court-martial (SCM) of disrespect and a four day period
of unauthorized absence (UA).
During the period from 17 May to 7 October 1957 you received
nonjudicial punishment (NJP) on three occasions for disobedience
and two periods of absence from your appointed place of duty.
From 25 March to 25 July 1958 you received NJP on four other
occasions for failure to go to your appointed place of duty,
missing the movement of your ship,
place of duty, and failure to obey a lawful order.
1958 you were convicted by special court-martial (SPCM) of
failure to obey a lawful order and were sentenced to confinement
at hard labor for three months and a $210 forfeiture of pay. On
31 October 1958, while in confinement, you received your eighth
NJP for disobedience.
absence from your appointed
On 21 August
On 22 October 1958 you were notified of pending administrative
separation action by reason of unfitness as evidenced by the 11
After consulting with legal counsel you
disciplinary actions.
elected to present your case to an administrative discharge board
(ADB) and you also submitted a written request for retention so
that you could complete your term of service.
stated, that an undesirable discharge was not warranted for such
petty offenses.
separation by reason of unfitness.
officer recommended an undesirable discharge by reason of
unfitness.
and directed an undesirable discharge.
were so discharged.
However, on 14 November 1958, an ADB recommended
Subsequently, your commanding
The discharge authority approved this recommendation
Your request
On 5 December 1958 you
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity and your contention that you need a
discharge upgrade so that you may receive veterans' benefits.
Nevertheless, the Board concluded these factors and contention
were not sufficient to warrant recharacterization of your
discharge because of your repetitive misconduct, which resulted
in eight
your application has been denied.
NJPs and three court-martial convictions.
Accordingly,
The names and votes of
upon request.
the.members of the panel will be furnished
It is regretted that the circumstances of your case are such that
You are entitled to have the
favorable action cannot be taken.
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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