Search Decisions

Decision Text

NAVY | BCNR | CY2002 | 03225-02
Original file (03225-02.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

NAVY 

ANNEX

2 

WASHINGTON DC 20370-510

0

S

TRG
Docket No: 3225-02
5 September 2002

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 4 September 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
your application,
thereof, your naval record and applicable statutes, regulations
and policies.

Documentary material considered by the Board consisted of
together-with all material submitted in support

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.

During the next

Your offenses were a short

You reenlisted in the Navy on 9 June 1954 at age 21 after almost
four years of active duty on a prior enlistment.
three months, you received nonjudicial punishment and were
convicted by a summary court-martial.
period  of unauthorized absence, disobedience, breach of arrest,
A special
and loss of your identification and liberty cards.
court-martial convened on 14 December 1954 and convicted you of
an unauthorized absence of about 12 days, missing ship's
movement, and drunk and disorderly conduct.
you to reduction to pay grade E-l,
month for six months and confinement at hard labor for six
months.
On 11 April 1955, the commanding officer   of the retraining
command recommended an undesirable discharge by reason of
unfitness.
general discharge by reason of unsuitability and you were so
discharged on 14  

After review, the discharge authority directed a

forfeiture of $65 pay per

Max 1955.

The court sentenced

Characterization of service for an individual discharged by
reason of unsuitability was based, in part, on a conduct mark

average that was computed from marks assigned during periodic
A minimum
evaluations.
average mark of 3.25 in conduct was required at the time of your
separation for a fully honorable characterization of service.

Your conduct marks average was 2.0.

such as your prior honorable

In its review of your application the Board carefully weighed all
potentially mitigating factors,
service and your contention, in effect, that you have been
adequately punished by having a general discharge for over 47
years.
not sufficient to warrant recharacterization of your discharge
given your disciplinary infractions and your failure to achieve:
the required average mark in conduct.
The Board concluded that
the general discharge was proper as issued and no change is
warranted.

The Board found that these factors and contentions were

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



Similar Decisions

  • NAVY | BCNR | CY2002 | 01711-02

    Original file (01711-02.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 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. unauthorized absence be removed from your record because of your You are now requesting that unspecified periods of good service after you were restored to duty...

  • NAVY | BCNR | CY2009 | 05661-09

    Original file (05661-09.pdf) Auto-classification: Denied

    need you in connection with the court-martial conviction, on 92 June 1955, you were assigned 1.0 mark in conduct. On 31 July 1955 while in confinement you were assigned a mark of zero in conduct. In its review of your application the Board carefully weighed all potentially mitigating factors, such as your period of good service and contentions, in effect, that you have been a good citizen for many years and that the court-martial was set aside and that therefore you should not have been...

  • NAVY | BCNR | CY2002 | 01492-02

    Original file (01492-02.rtf) Auto-classification: Denied

    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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.You enlisted in the Marine Corps on 14 September 1963 for four years at age 17. However, the Board...

  • NAVY | BCNR | CY2002 | 03313-02

    Original file (03313-02.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 October 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. On 31 August 1954 you received NJP for failure to The punishment imposed was The punishment imposed was 14 days of that On 14 September 1954, you were convicted by summary martial of breaking restriction. convicted of...

  • NAVY | BCNR | CY2002 | 07039-02

    Original file (07039-02.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 October 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. conducted on 22 January 1965, diagnosed you with a personality disorder. 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 | CY1998 | NC9808841

    Original file (NC9808841.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 July 1999. 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. Since you were convicted by two special courts-martial, an honorable discharge was not authorized.

  • NAVY | BCNR | CY2001 | 01439-01

    Original file (01439-01.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 August 2001. 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. court- martial (SPCM) of disobedience and a day of unauthorized absence (UA) month, a $50 forfeiture of pay, - You were sentenced to confinement at hard labor for...

  • NAVY | BCNR | CY1998 | 08841-98

    Original file (08841-98.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 July 1999. 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 | CY2002 | 02104-01

    Original file (02104-01.pdf) Auto-classification: Denied

    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. 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...

  • NAVY | BCNR | CY2002 | 08479-01

    Original file (08479-01.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 May 2002. 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. circumstances in your case the Board concluded your discharge was proper as issued and no change is warranted.