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NAVY | BCNR | CY2002 | 05868-01
Original file (05868-01.pdf) Auto-classification: Denied
DEPARTMENTOFTHE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 20370-5100

TJR
Docket No: 5868-01
11 February 2002

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 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.

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.

Your record reflects that on 3 June and again on

The Board found you enlisted in the Navy on 16 November 1964 at
the age of 19.
4 August 1965 you received nonjudicial punishment (NJP) for two
periods of unauthorized absence (UA) totalling three days and
missing the movement of your ship.
1966 you received NJP for two specifications of assault and a
three day period of UA.

On 31 January and 15 June

Your record further reflects that on 15 June 1967 you were
convicted by special court-martial  
totalling 18 days, absence from your appointed place of duty,
five specifications of breaking restriction, and missing the
movement of your ship.
You were sentenced to a $344 forfeiture
of pay, confinement at hard labor for four months, and reduction
On 23 October 1967 you received NJP for a six
to 
day period of UA and were awarded a $137 forfeiture of pay.

(SPCM) of five periods of UA

paygrade E-l.

On 11 March 1968 you were convicted by SPCM of two periods of UA
totalling 49 days and two periods of absence from your appointed
place of duty.
You were sentenced to confinement at hard labor

for six months, a $54 forfeiture of pay, and a bad conduct
discharge 
The BCD was suspended for the period of
confinement, plus six months.

(BCD).

On 29 May 1968 you were notified of pending administrative
separation action by reason of unfitness due to frequent
involvement of a discreditable nature with military authorities.
At that time you waived your rights to consult with legal
counsel, present your case to an administrative discharge board,
and to submit a statement in rebuttal to the discharge.
June 1968 your commanding officer recommended an undesirable
discharge by reason of unfitness due to frequent involvement of a
discreditable nature with military authorities.
However, on 17
August 1968 you began a 112 day period of UA that was not
terminated until 8 December 1968.
21 January 1969, the suspended BCD was vacated and discharge
directed.
BCD.

Subsequently, on 7 February 1969, you received the

As a result of this action, on

On 4

However, the Board concluded these factors and contention

The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity, post service conduct, and your
contention that you were not aware of the overall affect of a
BCD.
were not sufficient to warrant recharacterization of your
discharge because of your repetitive misconduct, which resulted
in five 
further noted that your misconduct continued after the BCD was
suspended and you were given an opportunity to earn a better
discharge.
concluded your discharge,
warranted. Accordingly, your application has been denied.

Given all the circumstances of your case, the Board
was proper as issued and no change is

NJPs and two court-martial convictions.

The Board

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



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