DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TRG
Docket No:
7 February 2002
7101-01
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10 of the 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
Documentary material considered by the Board consisted of
Board.
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.
You enlisted in the Navy on 25 June 1956 at age 17.
December 1956 you were convicted by a summary court-martial and
on 14 January 1958 you were convicted by a special court-martial.
Your offenses were two periods of unauthorized absence totaling
about 10 days.
denied your request for a hardship discharge.
On 30 June 1958 the Bureau of Naval Personnel
On 11
A second special court-martial convened on 10 October 1958 and
convicted you of an unauthorized absence of about 42 days,
missing ship's movement and breaking arrest.
you to reduction to pay grade E-l,
months for six months,
and a bad conduct discharge.
right to request restoration to duty.
was issued on 10 March 1959.
On 16 January 1959, you waived your
The bad conduct discharge
The court sentenced
confinement at hard labor for six months
forfeiture of $52 pay per
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, limited
education and your request for a hardship discharge.
also considered your contentions that you were lied to by your
recruiter, were discriminated against because of your religion
The Board
Officer.
YOU
also contend that the
and sexually harassed by an
punishment was too severe for the offenses committed, and that
The Board found
you have been a good citizen since discharge.
that these factors and contentions were not sufficient to warrant
recharacterization of your discharge given your repeated
unauthorized absences and other misconduct.
hardship discharge was disapproved because it did not meet the
criteria for approval when compared with other cases.
further concluded that the sentence to a bad conduct discharge
was not to harsh.
There is no evidence in the record, and you
have submitted none, concerning any of your other contentions.
The Board concluded that the discharge was proper as issued and
no change is warranted.
Your request for a
The Board
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
The names and
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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