DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
X
2 NAVY ANNE
S
WASHINGTON DC 20370.510
0
TJRDocket No: 5744-00
26 February 2001
Dear
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 13 February 2001.
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
and applicable statutes, regulations,
thereof, your naval record,
and policies.
Your allegations of error and
After careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
The Board found you enlisted in the Navy on 3 June 1957 after
four years of prior honorable service in the U. S. Army.
Your record reflects that on 4 March 1958 you were convicted by
summary court-martial (SCM) of a 41 day period of unauthorized
WA) and were sentenced to a $70 forfeiture of pay. On
absence
28 October 1958 you were convicted by SCM of a two day period of
UA.
restriction for 30 days.
You were sentenced to a $90 forfeiture of pay and
(NJP) for a day of UA and were awarded
Your record further reflects that on 3 February 1959 you received
nonjudicial punishment
restriction for a week.
you again received NJP for a day of UA and were awarded
restriction for a week.
SCM of a 20 day period of UA.
for 60 days and reduction to
On 24 April 1960 you were convicted by civil authorities of
driving without a valid license.
Shortly thereafter, on 24 April 1959,
You were sentenced to
On 13 July 1959 you were convicted by
You were sentenced to restriction
paygrade E-l.
confinement for 10 days and a $100 fine.
were convicted by special court-martial (SPCM) of a 43 day period
of UA.
You were sentenced to confinement at hard labor for three
months, reduction to
(BCD).
immediate execution
as follows:
paygrade E-l, and a bad conduct discharge
of the BCD.
Your requested noted, in part,
On 30 August 1960 you submitted a written request for
On 23 June 1960 you
"It would
life with
regaining
not be possible for me to adjust to military
The possibilities of
my outlook on it now.
the standings held before are too
slim:'
_-
Subsequently, the BCD was approved at all levels review, and on 9
September 1960 you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity, prior honorable service, and your
contention of prejudicial mistreatment.
However, the Board
concluded these factors and contention were not sufficient to
warrant recharacterization of your discharge given your
repetitive misconduct, which resulted in two
NJPs, four
martial,convictions, and a civil conviction.
Further, the Board
noted your request for immediate execution of the BCD in stead of
restoration to duty.
evidence in your record, and you submitted none, to support your
contention of prejudicial mistreatment.
concluded that your discharge was proper as issued and no change
is warranted.
Accordingly, your application has been denied.
The Board also noted that there is no
The Board further
court-
The names and votes of the 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
2
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