DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TRG
Docket No: 7141-01
8 February 2002
Dear-
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
insufficient to establish the existence of probable
error or injustice.
was
material
You enlisted in the Navy on 27 February 1957 at age
17.
served without incident until 23 May 1958, when you
were
convicted by a special court-martial of two periods
of
unauthorized absence totaling 37 days and disobedience.
You
During
the period from 12 February 1959 to 26 December 1960 you received
nonjudicial punishment on four occasions and were convicted by
four summary courts-martial.
unauthorized absence totaling about 11 days, two instances of
disobedience, disrespect,
and destruction of property.
(ADB) met on 3 January 1961 and recommended that you be
Based on the foregoing record of misconduct, you were processed
for an administrative discharge.
board
After
discharged for unfitness with an undesirable discharge.
review by the discharge authority, this recommendation was
approved.
another nonjudicial punishment and were convicted by a fifth
summary court-martial.
liberty card and an unauthorized absence of about seven days.
There is another period of unauthorized absence of about one day
After the ADB and prior to discharge, you received
Your offenses were possession of a false
The undesirable
for which no disciplinary action was taken.
discharge was issued on 30 March 1961.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, limited
education and low score on the aptitude test.
considered the fact that you are now in an assisted living
facility because you are a double amputee.
these factors were not sufficient to warrant recharacterization
of your discharge given your repeated misconduct.
believed that after being punished by a special court-martial for
unauthorized absence, you had to know the possible consequences
of continuing misconduct.
Therefore, your offenses after the
special court-martial were considered to be indicative of willful
misconduct.
issued and no change is warranted.
The Board concluded that the discharge
The Board also
The Board found that
The Board
was proper as
Accordingly, your application has been denied.
votes of the members of the panel will be furnished
The names and
upon request.
It is regretted that the circumstances of your case
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.
are such that
Sincerely,
W. DEAN PFEIFFER
Executive Director
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