DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-510
0
CRS
Docket No:
17 November
4877-02
2002
Documentary material considered by the Board consisted of
together-with all material submitted in support
This is in reference to your application for reconsideration 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 6 November 2002.
Your allegations of error and
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.
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 Board found that you enlisted in the Navy on 23 March 1955.
The record reflects that you received four nonjudicial
punishments and were convicted by a summary court-martial.
The
offenses included an unauthorized absence of a day, drinking as a
minor, drunken or reckless driving,
drunk and reckless driving,
Navy, willful disobedience of a lawful order and disrespect.
A general court-martial convened on 29 October 1957 and found you
guilty of an unauthorized absence of 114 days.
sentenced you to confinement for six months, forfeitures for the
same period, and a bad conduct discharge.
You received the bad
conduct discharge on 21 January 1958.
In its review of your application the Board carefully weighed all
potentially mitigating factors,
such as your good postservice and
Presidential pardon.
factors were not sufficient to warrant recharacterization of your
discharge due to your extensive disciplinary record which
However, the Board concluded that these
drunk and disorderly conduct,
conduct bringing discredit to the
The court
Accordingly,
The names and votes of the
included six disciplinary actions for offenses that included
unauthorized absences totalling nearly four months.
your application has been denied.
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
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