DEPARTMENTOFTHE NAVY
BOARD FORCORRECTION
OFNAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 6012-02
13 December 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 14 November 2002.
Your allegations of error and
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.
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 6 March 1956.
The record reflects that you received nonjudicial punishment and
were convicted by two summary courts-martial and two special
courts-martial.
The offenses included unauthorized absences
totalling 32 days, missing movement, and failure to obey a lawful
order.
On 19 February 1958 the commanding officer recommended that you
be separated with an undesirable discharge by reason of
unfitness.
When informed of this recommendation, you elected to
waive the right to submit a statement in response to the
discharge action.
After review by the discharge authority, the
recommendation for separation was approved and on 28 March 1958
you received an undesirable discharge.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and
immaturity.
However, the Board concluded that these factors were
not sufficient to warrant recharacterization of your discharge,
Based on the foregoing, the Board concluded that no
given your record of frequent involvement with military
authorities.
In this regard, the Board noted that you were the
subject of five disciplinary actions within a period of less than
three years, and had unauthorized absences totalling more than a
month.
change to the discharge is warranted.
application has been denied.
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.
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.
You are entitled to have the
Accordingly, your
The names and votes of the members
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
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