Search Decisions

Decision Text

NAVY | BCNR | CY2002 | 07134-00
Original file (07134-00.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

TJR
Docket No: 7134-00
28 March 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 21 March 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.

absence from your appointed
You were sentenced to

The Board found you enlisted in the  Navy on 7 November 1952 at
the age of 18.
Your record reflects that on 26 August 1953 you
were convicted by special court-martial (SPCM)   of a two day
period of unauthorized absence (UA),
place of duty, and breaking restriction.
confinement at hard labor for five months, a $500 forfeiture of
pay, and a reduction in rate.
Your record further reflects that on 19 May 1954 you were
convicted by summary court-martial (SCM) of an eight day period
of UA and sentenced to hard labor for 15 days, a $10 forfeiture
of 
On 9 September 1954, while in a UA status, you were apprehended
by civil authorities for temporary larceny of an automobile and
retained for trial.
On 24 November 1954 you were convicted by
civil authorities of the foregoing charge and sentenced to
confinement for three months.

pay, and restriction for 20 days.

Subsequently, on 17 February 1955, you were convicted by SPCM of
a 155 day period of UA and missing the movement of your ship.
You were  sentenced to confinement at hard labor for two months, a
$110 forfeiture of pay, a reduction in rate, and a bad conduct
discharge (BCD).
all levels of review, you were so discharged.

On 6 May 1955, after the BCD was approved at

The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity and your contention that you were not
The Board also
represented by counsel at your courts-martial.
considered your contention that you were promised pilot training
if you enlisted in the Navy.
factors and contention were not sufficient to warrant
recharacterization of your discharge because of the serious
nature of your misconduct in both the military and civilian
Given the circumstances of your case, the Board
communities.
concluded your discharge was proper as issued and no change is
warranted.
Further, the Board noted that there is no evidence in
your record, and you submitted none, to support your contentions.
Given the circumstances of your case,
As a
discharge was proper as issued and no change is warranted.
result of the foregoing, your application has been denied.

However, the Board concluded these

the Board concluded your

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 PFEIFE'ER
Executive Director

2



Similar Decisions

  • NAVY | BCNR | CY2003 | 05183-03

    Original file (05183-03.rtf) Auto-classification: Denied

    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 the evidence submitted was insufficient to establish the existence of probable material error or injustice.You enlisted in the Marine Corps on 8 December 1952 at age 17. On 23 November 1953 you received...

  • NAVY | BCNR | CY2002 | 04497-02

    Original file (04497-02.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 January 2003. 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. On 30 June 1955 you received an undesirable discharge.

  • NAVY | BCNR | CY2002 | 10183-02

    Original file (10183-02.pdf) Auto-classification: Denied

    You were again convicted by SPCM on 11 October 1956 of larceny and sentenced to confinement at hard labor for two months, a $60 forfeiture of pay, and a bad conduct discharge (BCD). On 21 October You were sentenced to a $30 forfeiture of pay You were sentenced to confinement at hard Your allegations of error and The BCD However, on' by civil authorities ,on 23 On 11 January 1957 you were convicted by SPCM of the foregoing period of UA and sentenced to a $330 forfeiture of pay, On 3...

  • NAVY | BCNR | CY2001 | 01439-01

    Original file (01439-01.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 August 2001. 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. court- martial (SPCM) of disobedience and a day of unauthorized absence (UA) month, a $50 forfeiture of pay, - You were sentenced to confinement at hard labor for...

  • NAVY | BCNR | CY2001 | 01808-00

    Original file (01808-00.pdf) Auto-classification: Denied

    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. September 1955 you requested immediate execution of the BCD. 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.

  • NAVY | BCNR | CY2002 | 04999-02

    Original file (04999-02.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, application on 4 December 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 your husband's naval record and applicable Your allegations of error and considered your After careful and conscientious consideration of the entire record, the Board found that the...

  • NAVY | BCNR | CY2005 | 07019-05

    Original file (07019-05.rtf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 May 2006. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2002 | 03313-02

    Original file (03313-02.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 October 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. On 31 August 1954 you received NJP for failure to The punishment imposed was The punishment imposed was 14 days of that On 14 September 1954, you were convicted by summary martial of breaking restriction. convicted of...

  • NAVY | BCNR | CY2003 | 00382-03

    Original file (00382-03.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 August 2003. 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. However, the Board...

  • NAVY | BCNR | CY2009 | 01177-09

    Original file (01177-09.pdf) Auto-classification: Denied

    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. You were sentenced to a forfeiture of pay, confinement at hard labor, a reduction in paygrade, and a bad conduct discharge (BCD). 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...