DEPARTMENTOFTHE NAVY
BO ARD FOR
CORRE
CT ION OF
N AV AL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR
Docket No: 6645-0 1
13 May 200 2
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.
sitting in executive session, considered your
A three-member panel of the Board for Correction of Naval
Records,
application on 7 May 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
your application,
thereof, your naval record,
and policies.
together with all material submitted in support
and applicable statutes, regulations,
Documentary material considered by the Board consisted of
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 5 December 1956 at
the age of 17.
received nonjudicial punishment (
appointed place of duty and were awarded extra duty for five
days.
Your record reflects that on 22 August 1957 you
NJP ) for absence from your
During the period from 2 May to 23 December 1958 you received NJP
on four occasions for two periods of absence from your appointed
place of duty,
order, and possession of another person's liberty card.
also convicted by civil authorities on 15 September 1958 of
burglary,
year.
for which you received a suspended jail sentence of one
two specifications of failure to obey a lawful
You were
Your record further reflects that on 4 February 1959 you were
convicted by summary court-martial (SCM) of a six day period of
unauthorized absence (UA).
hard labor for 20 days and a $54 forfeiture of pay, which was
suspended for six months.
1959, you received NJP for leaving your post without being
Shortly thereafter, on 26 February
You were sentenced to restriction and
The punishment imposed was extra
On 11 May 1959 you were convicted by
properly relieved for duty.
duty for three days.
special court-martial (SPCM) of a 25 day period of UA and missing
You were sentenced to confinement at
the movement of your ship.
hard labor for two months,
an $88 forfeiture of pay, and
reduction to
On 9 October 1959 you were again
convicted by SPCM of wrongful appropriation of four motorcycles
and sentenced to confinement at hard labor for four months and
reduction to
paygrade E-2.
paygrade E-l.
on 11 December 1959, you were notified of pending
Subsequently,
administrative separation action by reason of unfitness due to
frequent involvement of a discreditable nature with military and
At that time you waived your rights to
civilian authorities.
consult with legal counsel and to present your case to an
administrative discharge board.
statement in which you noted that you did not wish to remain in
On 16 December 1959 your
the Navy and requested discharge.
commanding officer recommended an undesirable discharge by reason
of unfitness.
approved the foregoing recommendation and directed an undesirable
discharge,
and on 19 January 1960 you were so discharged.
On 30 December 1959 the discharge authority
However, you submitted a
and post service conduct.
in its review of your entire record and application,
The Board,
carefully considered all mitigating factors, such as your youth
The Board also
and immaturity,
considered your letter of explanation, court records, and
However,
certificates of birth, marriage, and death.
found these factors were not sufficient to warrant
recharacterization of your discharge given your repetitive
misconduct in both the military and civilian communities.
Board noted that you were the subject of ten adverse actions
during about three years of service.
of your case,
no change is warranted.
denied.
the Board concluded your discharge was proper and
Accordingly, your application has been
Given all the circumstances
the Board
The
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.
Board reconsider its decision upon submission of new and material
evidence or other matter not previously considered by the Board.
In this regard,
presumption of regularity attaches to all official records.
it is important to keep in mind that a
You are entitled to have the
Consequently,
record,
existence of probable material error or injustice.
the burden is on the applicant to demonstrate the
when applying for a correction of an official naval
Sincerely,
W. DEAN PFEIFFER
Executive Director
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