DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
NAVY
ANNEX
2
WASHINGTON DC 20370.510
0
S
WMP
Docket No:
26 November 2002
5040-02
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, considered your
application on 20 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 husband's 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 Board found that you enlisted in the Navy on 11 October 1955
for six years at age 18. Your record reflects that you served
without incident until 8 May 1956,
punishment
restriction for seven days and
June 1956 you received NJP for
punishment imposed was 14 days
The punishment imposed was
ten hours of extra duty.
disobeying a lawful order.
of extra duty.
when you received nonjudicial
(NJP) for assault.
On 27
The
On 8 August 1956 you again received NJP for failure to go to
your appointed place of duty.
days of restriction.
failure to go to your appointed place of duty.
imposed was 10 days of restriction.
On 19 November 1956 you received NJP for
The punishment
The punishment imposed was 10
On 13 February 1957 you were convicted by summary court-martial
of failure to obey a lawful order and damaging government
property.
of restriction.
approved the adjudged sentence and ordered its execution.
You were sentenced to a forfeiture of $35 and 30 days
On 13 February 1957, the convening authority
Your record further reflects that on 23 June 1958 you received
The
NJP for failure to be at your appointed place of duty.
punishment imposed was 14 days of restriction.
you received NJP for failure to be at your appointed place of
duty.
December 1958 you received NJP for disobeying a lawful order.
The punishment imposed was 14 days of extra duty.
The punishment imposed was 7 days of restriction.
On 31 July 1958
On 11
On 24 May 1957, you were recommended for an undesirable
discharge by reason of unfitness.
You were advised of and
waived all your procedural rights and you declined to make a
statement.
your undesirable discharge by reason of unfitness, and on 9 July
1957 you were so discharged.
On 13 June 1957, the discharge authority approved
However, the Board concluded
NJP's and conviction by a summary court-martial
In its review of your application the Board carefully weighed
all potentially mitigating factors such as your youth and
immaturity, the fact that it has been 45 years since your
discharge, and your contention that your discharge was the
result of prejudice and racism.
that your seven
clearly supported the undesirable discharge by reason of
unfitness.
racial discrimination with concern,
records provided no evidence of racial discrimination at your
command.
Additionally, you have not provided any evidence of
racial discrimination other than your unsubstantiated statement.
Accordingly, your application has been denied.
The names and
votes of the members of the panel will be furnished upon
request.
Furthermore, although the Board views all claims of
a thorough review of your
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.
In this regard, it is important to keep in mind that
You are entitled to have
2
a presumption of regularity attaches to all official records.
Consequently, when applying for a correction of an official
naval record,
existence of probable material error or injustice.
the burden is on the applicant to demonstrate the
Sincerely,
W. DEAN PFEIFFER
Executive Director
3
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