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NAVY | BCNR | CY2002 | 05763-00
Original file (05763-00.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

CRS
Docket No: 5763-00
5 April 2001

Dear
This is in reference to your
naval record pursuant to the
States Code, Section 1552.

application for correction of your
provisions of Title 10, United

A three-member panel of the Board for Correction of Naval
'Records, sitting in executive session, considered your
application on 3 April 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
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 enlisted in the Navy on 4 March 1959
after prior active service of two years.
that you received five nonjudicial punishments and were convicted
by three summary courts-martial.
unauthorized absences of more than four days, sleeping on watch,
absence from your appointed place of duty, insubordination,,
resisting apprehension,
failure to obey a lawful order, and
disrespect.

The offenses included

The record reflects

On 22 October 1964 an administrative discharge board recommended
that you be separated with an undesirable discharge by reason of
unfitness.
recommendation for separation was approved and you were
discharged with an undesirable discharge on 25 November 1964.

After review by the discharge authority, the

In its review of your application the Board carefully weighed all
potentially mitigating factors,
and good postservice conduct.
these factors were not sufficient to warrant recharacterization

However, the Board concluded that

such as your youth and immaturity

of your discharge, given your record of frequent involvement with
military authorities.
you were the subject of eight disciplinary actions within a
period of less than six years.
concluded that no change to the discharge is warranted.
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.

The Board especially noted the fact that

Based on the foregoing, the Board

The names and

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

2



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