DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
FC
Docket No: 07250-02
27 February 2003
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 12 February 2003. 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, and
applicable statutes, regulations and policies. The Board was unable to
obtain your official naval record and conducted its review based on the
records you submitted.
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 Naval Reserve on 23 June 1953 at
age 18 and commenced 24 months of active duty on 23 September 1955. You
then served without incident until 11 October 1956, when you were convicted
by a special court martial (SPCM) of a 34-day period of unauthorized
absence which was terminated by your apprehension. On 15 March 1957 you
were convicted by a second SPCM of a 55-day period of unauthorized absence,
terminated by your apprehension. This court-martial sentenced you to a bad
conduct discharge, reduction in rate to E1, and confinement at hard labor
for 6 months.
On 2 April 1957, the convening authority approved the BCD and, upon
completion of confinement on 6 August 1957, you were so discharged.
In its review of your case, the Board carefully weighed all potentially
mitigating factors, such as your youth and immaturity, and the length of
time that has passed since you were discharged from the Navy. However, the
Board found that these factors and contentions were not sufficient to
warrant recharacterization of your discharge given your two lengthy periods
of unauthorized absence which were terminated by apprehension and resulted
in two convictions by SPCM. Accordingly, your application has been denied.
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 PF’EIFFER
Executive Director
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