DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 4600-02
29 January 2003
Dear
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 23 January 2003.
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 30 September 1965 at the age of 22.
You then served for two years and eight months without
disciplinary action.
day period of unauthorized absence (UA).
this period of UA, you were apprehended by civil authorities and
charged with maintaining a place for the unlawful use of
narcotics.
authorities of the foregoing charge and sentenced to 60 days in
jail, with credit for time served,
On 9
On 11 August 1968 you were returned to military control.
September 1968 you were convicted by special court-martial (SPCM)
of the 89 day period of UA.
without hard labor for a month and reduction to
You were sentenced to confinement
paygrade E-3.
On 5 July 1968 you were convicted by civil
However, on 14 May 1968, you begin an 89
On 18 June 1968, during
and probation for three years.
On 11 October 1968 you were notified of pending administrative
separation action by reason of misconduct due to civil
conviction.
After consulting with legal counsel you submitted a
statement which outlined your marital problems.
Subsequently,
your commanding officer recommended you be issued an undesirable
discharge by reason of misconduct due to the civil conviction.
On 4 December 1968 the discharge authority directed an
undesirable discharge by reason of misconduct, and on 19 December
1968 you were so separated.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity, post service conduct, and your
contention that your discharge was based on a civil conviction
that was dismissed after a period of probation.
The Board
further considered your contention that you were not afforded
counselling or consideration to explain the difficulties and
extenuating circumstances of your behavior during your
enlistment.
letters.
contentions were not sufficient to warrant recharacterization of
your discharge because of your serious misconduct in both the
military and civilian communities, which resulted in your
discharge.
conviction by civil authorities does not change the fact that in
1968 you were convicted.
prospectively.
counselled prior to discharge.
been denied.
Nevertheless, the Board concluded these factors and
The Board concluded that any action to expunge the
It further considered your character reference
Further, there was no requirement that you be
Such favorable action operates
Accordingly, your application has
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
2
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