DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TRG
Docket No:
11 September 2002
3204-02
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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 10 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.
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.
You enlisted in the Navy on 27 January 1960 at age 17.
the offenses for which you received the bad conduct discharge,
you were convicted by two summary courts-martial for dereliction
in the performance of your duties and driving without a valid
driver's license.
unauthorized absence for which there is no disciplinary action in
the record.
Subsequently, there was a two day period of
Prier to
A special court-martial convened on 10 April 1961 and convicted
you of two periods of unauthorized absence totaling about 35
days.
The court sentenced you to reduction to pay grade E-l,
forfeiture of $28 pay per month for two months, confinement at
The
hard labor for two months and a bad conduct discharge.
discharge was suspended for a probationary period of six months
On 11 June 1961
and you were restored to duty on 31 May 1961.
On 15 July 1961
you reported aboard the USS CORAL SEA (CV 43).
you received nonjudicial punishment for an absence from your
appointed place of duty.
Subsequently, you
reason of unfitness.
wire processed for an undesirable discharge by
In connection with this processing, you
About 20 days later,
On 19 September 1961,
On 20 July 1961 you received
elected to waive your right to have your case heard by an
administrative discharge board.
another nonjudicial punishment for an unauthorized absence of
about 11 days, absence from your appointed place of duty and
the discharge authority
disobedience.
directed an undesirable discharge.
However, you were then an
unauthorized absentee for about 25 days.
your probation was terminated and the previously suspended bad
conduct discharge was ordered executed.
You received the bad
conduct discharge on 6 October 1961.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, limited
education and your contention, in effect, that you have been a
good citizen for many years.
The Board found that these factors
and contentions were not sufficient to warrant recharacterization
of your discharge given the frequency of your misconduct and
especially your violation of probation.
the discharge was proper as issued and no change is warranted.
The Board concluded that
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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