DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
NAVY
ANNEX
2
WASHINGTON DC 20370-510
0
S
CRS
Docket No: 5220-02
10 September 2002
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 4 September 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
Documentary material considered by the Board consisted of
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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you reenlisted in the Navy on 4 September
1965 after about three years of prior active service.
reenlisted with a guarantee that you would be assigned to Class C
The record reflects
Air Conditioning and Refrigeration School.
that on 23 November 1965 you received nonjudicial punishment
(NJP) for an unauthorized absence of nine days. The punishment
imposed was a reduction in pay grade from third class petty
officer (MM3; E-4) to fireman (FN; E-3).
were informed that since you were no longer a petty officer, you
were ineligible for the school assignment.
On 26 November.1965 you
You
Subsequently, you received three more
a special court-martial.
absences totalling 12 days,
failure to pay a just debt,
August 1969 you were convicted by civil authorities of car theft.
The court sentenced you to confinement for 180 days.
The offenses included unauthorized
failure to obey a lawful order,
and breaking restriction.
NJPs and were convicted by
On 26
On 12 November 1969 the commanding officer recommended that you
be separated with an undesirable discharge by reason of
When informed of the
misconduct due to the civil conviction.
recommendation, you elected to waive the right to present your
case to an administrative discharge board.
discharge authority, the recommendation for separation was
approved and you received an undesirable discharge on 14 January
1970.
After review by the
such as your youth and immaturity
In its review of your application the Board carefully weighed all
potentially mitigating factors,
and the contention that the Navy did not honor your contract.
However, the Board concluded that these factors were not
sufficient to warrant recharacterization of your discharge, given
the seriousness of the civil conviction and your five
disciplinary actions.
contract would have been honored but you were disqualified when
you were reduced in rank at NJP.
has been denied.
will be furnished upon request.
The names and votes of the members of the panel
Accordingly, your application
In this regard,
it is clear that your
It is regretted that the circumstances of your case are such that
You are entitled to have the
favorable action cannot be taken.
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
NAVY | BCNR | CY2005 | 00576-05
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 October 2005. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | BCNR | CY2002 | 01223-02
Your allegations of error and injustice were A three-member panel of the Board for Correction of Navy Records, sitting in executive session, 22 May 2002. reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. foregoing factors and...
NAVY | BCNR | CY2002 | 02218-02
officer recommended an undesirable discharge by reason of unfitness. were so discharged. 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.
NAVY | BCNR | CY2008 | 06118-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 February 2009. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. On 7 June 1966 the command recommended you for an undesirable discharge due to the civil conviction but also recommended that the discharge be...
NAVY | BCNR | CY2002 | 10232-02
Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies. On 31 August and again on 28 December 1966 you received nonjudicial punishment (NJP) on two occasions for a total of two days of unauthorized absence (UA). As a result of this misconduct, that the previously approved undesirable discharge be executed, and on 3 January 1969 you were so discharged.
NAVY | BCNR | CY2009 | 10278-09
Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies. Your case was forwarded and it was directed that you receive an undesirable discharge by reason of misconduct due to civil conviction. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material...
NAVY | BCNR | CY2002 | 06320-01
request for discharge was granted and your commanding officer was directed to issue you an undesirable discharge. Prior to submitting this request for discharge, you On 10 March 1972 The Board, in its review of your entire record and application, carefully considered all mitigating factors, such as your youth and immaturity, service in Vietnam, and your contention that because of your personality disorder you could not adjust to duty in the United States after your tour of Vietnam. ...
NAVY | BCNR | CY2002 | 02822-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 November 2002. 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. You enlisted in the Navy on 29 October 1957 at the age of 22 April 1958 you were convicted by special court-martial of three specifications of larceny and missing...
NAVY | BCNR | CY2002 | 05868-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 February 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies. Consequently,...
NAVY | BCNR | CY2010 | 03088-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 January 2012. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...