DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
NAVY
ANNEX
2
WASHINGTON DC 20370-510
0
S
TR G
Docket No: 4260-01
10 January 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 8 January 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
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.
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 25 May 1948 at age 17.
shows that prior to the offense for which you received the
punitive discharge, you received nonjudicial punishment on one
occasion and were convicted
an unauthorized absence of about two days, disobedience, and
possession of a white hat belong to another sailor.
by-a deck court.
The record
Your offenses were
A general court-martial convened on 2 February 1951 and convicted
you of an unauthorized absence of about 80 days.
The court
sentenced you to reduction to pay grade E-l, forfeiture of all
pay and allowances, confinement at hard labor for six months and
a bad conduct discharge.
your right to request restoration to duty.
discharge was issued on 14 July 1951.
On 21 May 1951, you elected to waive
The bad conduct
It its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, limited
education and the character references you submitted which attest
to the fact that you have been a good citizen for many years.
You state that you need a better discharge so that you can get
help paying for your medications.
The Board found that these
factors were not sufficient to warrant recharacterization of your
discharge given your conviction by a general court-martial of a
serious wartime offense.
In reaching its decision, the Board
noted that the 80 day period of unauthorized absence was only
terminated by your apprehension and you did not desire
restoration to duty.
proper as issued and no change is warranted.
The Board concluded that the discharge was
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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