DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
WMP
Docket No:
6 December 2002
4999-02
This is in reference to your application for correction of your
husband's 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,
application on 4 December 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,
statutes, regulations and policies.
Documentary material considered by the Board consisted
your husband's naval record and applicable
Your allegations of error and
considered your
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted
insufficient to establish the existence of probable
error or injustice.
was
material
The Board found that you enlisted in the Navy on 19
for four years at age 18. Your record reflects that
1953 you were convicted by summary court-martial of
period of unauthorized absence, from 3 to 11 August
were sentenced to hard labor for 20 days and a forfeiture of
$10.
adjudged sentence and ordered its execution.
On 9 September 1953, the convening authority approved the
October 1951
on 25 August
an eight day
1953.
You
Your record further reflects that on 8 December 1953 you were
convicted by summary court-martial of an unauthorized absence
from 16 to 25 November 1953, a period of nine days.
sentenced to confinement at hard labor for 27 days and a
forfeiture of $50.
approved the adjudged sentence and ordered its execution.
On 15 December 1953, the convening authority
You were
On 19 February 1954 you received NJP for failure to be at
On 5 January 1954 you received nonjudicial punishment
being out of uniform.
rate.
your appointed place of duty.
hours of extra duty.
two instances of failure to be at your appointed place of duty.
The punishment imposed was 14 days of restriction.
You again received NJP on 7 April 1954 for
The punishment imposed was reduction in
The punishment imposed was 24
(NJP) for
On 7 September 1954 you were convicted by special court-martial
of two periods of unauthorized absence,
from 3 to 6 July 1954
and 19 July to 23 August 1954, totaling 47 days.
sentenced to confinement at hard labor for five months and
forfeitures of $20 per month for five months, and reduction in
rate.
On 10 September 1954, the convening authority approved
the adjudged sentence and ordered its execution.
You were
On 29 October 1954, you were recommended for an undesirable
discharge by reason of unfitness.
your procedural rights, you provided a statement requesting
approval of the proposed separation.
After being advised of all
On 8 December 1954, your commanding officer forwarded the
proposed separation action,
discharge, to the Chief of Naval Personnel
1955 CNP approved the undesirable discharge by reason of
unfitness.
On 1 February 1955 you were so discharged.
recommending an undesirable
(CNP).
On 13 January
In its review of your application the Board carefully weighed
all potentially mitigating factors such as your youth and
immaturity, and your contention that your misconduct resulted
from alcoholism.
However, the Board concluded that the three
NJP's and convictions by three courts-martial clearly supported
the undesirable discharge by reason of unfitness.
your application has been denied.
members of the panel will be furnished upon request.
The names and votes of the
Accordingly,
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
You are entitled to have
.
In this regard,
the Board.
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.
it is important to keep in mind that
Sincerely,
W. DEAN PFEIFFER
Executive Director
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