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NAVY | BCNR | CY2002 | 04848-02
Original file (04848-02.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370.510

0

WMP
Docket No:
15 November 2002

4848-02

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 14 November 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
of your application, together with all material submitted in
support thereof, your naval record and applicable statutes,
regulations and policies.

Documentary material considered by the Board consisted

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.

The record reflects that you served without incident

The Board found that you enlisted in the Navy on 28 April 1954
at age 17.
until you were convicted by a summary court martial of
unauthorized absence from 21 August to 4 September 1954, a
period of 
at hard labor and a forfeiture of $30.

15 days.

You were sentenced to 30 days of confinement

On 10 January 1957 you admitted to using marijuana between March
1955 to January 1957 and, as a result of this admission, you
received nonjudicial punishment (NJP) for use of marijuana on 26
April 1957.
paygrade 
2.

The punishment imposed was reduction to  

E-

On 6 May 1957, you were
You were
an undesirable discharge by reason of unfitness.
advised of and waived all your procedural rights and made the
statement that,
unfitness."

"I do want a discharge for reasons of

informed that you were recommended for

On 13 May 1957 your undesirable discharge action was forwarded
On 5 July 1957 you were
to the Chief of Naval Personnel (CNP).
convicted by summary court martial of a false official statement
and a traffic violation.
The punishment imposed was 12 days of
On 9 July
confinement at hard labor and a forfeiture of $20.
1957, the convening authority approved the adjudged sentence and
ordered its execution.

On 31 July 1957 CNP directed a general discharge for
unsuitability instead of an undesirable discharge by reason of
unfitness due to a lack of corroboration concerning marijuana
use, and the reluctance to characterize your service with the
type of discharge that might later be considered as a
punishment.
1957.

Accordingly, you were so discharged on 13 August

However, the Board concluded that these factors

In its review of your application the Board carefully weighed
all potentially mitigating factors such as your youth and
immaturity.
were insufficient to warrant recharacterization of your
discharge given your record of two summary courts martial and
one NJP and your in-service use of marijuana.
Board concluded that you were fortunate to receive a general
discharge due to unsuitability given the fact that CNP was not
aware of your 5 July 1957 conviction at a summary court martial
prior to directing a general discharge.
that if this additional misconduct had been known by CNP, you
may very well have been awarded an undesirable discharge due to
unfitness.
names and votes of the members of the panel will be furnished
upon request.

Accordingly, your application has been denied.

The possibility exists

Furthermore, the

The

It is regretted that the circumstances of your case are such
that favorable action cannot be taken.
the Board reconsider its decision upon submission of new and
material evidence or other matter not previously considered by
the Board.

it is important to keep in mind that

You are entitled to have

In this regard,

2

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

3



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