DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 2822-02
6 November 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 5 November 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy on 29 October 1957 at the age of
22 April 1958 you were convicted by special court-martial
of three specifications of larceny and missing bunk check
were sentenced to confinement at hard labor for two months, a
On 19
$108 forfeiture of pay, and reduction to
December 1958 you were convicted by civil authorities of simple
assault.
convicted by SPCM of a 33 day period of unauthorized absence (UA)
and missing the movement of your ship.
confinement at hard labor for a month and restriction for two
months.
Shortly thereafter, on 29 December 1958, you were
You were sentenced to
paygrade E-l.
17. On
(SPCM)
You
.
On 5 April and again on 8 July 1959 you received nonjudicial
punishment (NJP) for failure to obey a lawful order, illegal
possession of a liberty card,
place of duty.
After
administrative separation action by reason of unfitness.
consulting with legal counsel you elected to present your case to
an administrative discharge board (ADB) and submitted a written
request for retention.
On 9 July 1959 you were notified of pending
Subsequently, by a vote of 2-to-l, an ADB
and absence from your appointed
The minority member recommended a general
However,
recommended retention.
discharge by reason of unfitness due to petty offenses.
on 27 July 1959, your commanding officer recommended you be
issued an undesirable discharge by reason of unfitness due to
military misconduct as evidenced by your dishonest, disloyal, and
complete disregard for authority.
authority directed a general discharge by reason of unfitness,
and on 21 August 1959 you were so separated.
On 7 August 1959 the discharge
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 made poor
decisions which adversely affected your conduct.
Nevertheless,
the Board concluded these factors and contention were not
sufficient to warrant recharacterization of your discharge
because of your frequent misconduct in both the military and
civilian communities.
The Board also noted that individuals
discharged for unfitness often received undesirable discharges
and that you were fortunate to receive a general discharge.
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
NAVY | BCNR | CY2002 | 06645-01
DEPARTMENTOFTHE NAVY BO ARD FOR CORRE CT ION OF N AV AL RECORD S 2 NAVY ANNE X WASHINGTON DC 20370-510 0 TJR Docket No: 6645-0 1 13 May 200 2 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. sitting in executive session, considered your A three-member panel of the Board for Correction of Naval Records, application on 7 May 2002. injustice were reviewed in accordance with...
NAVY | BCNR | CY2002 | 10197-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 September 2003. imposed was reduction to On 11 March and again on 5 May 1959 you were convicted by summary court-martial (SCM) of two periods of unauthorized absence (UA) totalling three days and breaking restriction. January 1961 the discharge authority then directed an undesirable discharge by reason of unfitness due to frequent involvement of a discreditable...
NAVY | BCNR | CY2004 | 02051-04
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 1 the Board found that the evidence submitted was insufficient to establish the existence of probable material~or -V injusticeThe Board found that you enlisted in the Navy on 21 June 1957 at age 17. On 18 December 1959, you...
NAVY | BCNR | CY2002 | 02218-02
officer recommended an undesirable discharge by reason of unfitness. were so discharged. 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.
NAVY | BCNR | CY2002 | 04663-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 November 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. On 7 February 1958 you received NJP for failure to The punishment imposed was The punishment imposed was a reduction you were convicted by summary court-martial On 22 February 1958, of two instances of breach of the...
NAVY | BCNR | CY2002 | 06342-01
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. On 1 November 1960 you received NJP for On 30 January 1961 you were convicted by convicted by summary court-martial (SCM) of absence from your appointed place of duty and were sentenced to restriction and extra duty for 10 days and a $40 forfeiture of pay. Consequently, when applying for a...
NAVY | BCNR | CY2002 | 07004-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 April 2003. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2006 | 06450-06
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 27 December 1956 at age 17 with parental consent. On 23 December 1959 you...
NAVY | BCNR | CY2001 | 02531-01
2531-01 15 October 2001 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. considered your application on Your allegations of error and injustice were A three-member panel of the Board for Correction of Navy Records, sitting in executive session, 11 October 2001. reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Your offenses...
NAVY | BCNR | CY2001 | 08556-01
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. On 20 October 1960 you submitted a written request for immediate execution of the BCD. 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.