DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
WMP
Docket No:
28 August 2002
2688-02
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.
Cprrection of Naval
A three-member panel of the Board for
Records, sitting in executive session, considered your
application on 21 August 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
of your application, together with all material submitted in
support thereof, your naval record and applicable statutes,
regulations and policies-.
Documentary material considered by the Board consisted
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.
The Board found that you enlisted in the Navy on 25 February
1969 for four years at age 19. At that time, you had completed
12 years of education and attained test score which placed you
in Mental Group III.
Your record reflects that on 16 January 1970 you were convicted
by a special court-martial of missing the movement of your ship;
and four instances of unauthorized absence,
from 12 May to 9
June 1969, 30 June to 8 July 1969, 22 July to 17 August 1969,
and 25 September to 4 December 1969.
days.
You were sentenced to confinement at hard labor for five
months, forfeiture of $82 per month for five months, reduction
to
waived your rights to request restoration to and requested
execution of the adjudged bad conduct discharge.
paygrade E-l, and a bad conduct discharge.
These absences totaled 128
Subsequently, you
On 15 May
1970, upon completion of appellate review, you were so
discharged.
However, the Board concluded that your conviction of
In its review of your application the Board carefully weighed
all potentially mitigating factors such as your youth and
immaturity, and that you believe that you have paid your debt to
society.
four unauthorized absences totaling 128 days warranted severe
punishment, which the court-martial correctly imposed.
The
Board concluded that your special court-martial and subsequent
bad conduct discharge were appropriate and the discharge should
not be upgraded.
The names and votes of the members of the panel will be
furnished upon request.
Accordingly, your application has been denied.
You are entitled to have
In this regard,
It is regretted that the circumstances of your case are such
that favorable action cannot be taken.
the Board reconsider its decision upon submission of new and
material evidence or other matter not previously considered by
the Board.
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.
it is important to keep in mind that
Sincerely,
W. DEAN PFEIFFER
Executive Director
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