DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
FC
Docket No: 07851-
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, your
naval record and applicable statutes, regulations and policies.
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 Navy on 4 June 1964 at age 17.
You then served without incident until 22 July 1966, when you were
convicted by a special court martial (SPCM) of three periods of
unauthorized absence totaling 137 days. On 3 November 1966 you were
convicted by a second SPCM of a 121-day period of unauthorized absence. On
16 February 1967 you were convicted by a third SPCM of a 71-day period of
unauthorized absence end escaping confinement. On 22 December 1967 you
were convicted by a fourth SPCM for a 21-day period of unauthorized
absence and escaping confinement. The sentence of this court martial
included a bad conduct discharge (BCD)
On 6 March 1968 you were apprehended by the Federal Bureau of
Investigation (FBI) after escaping from confinement and an unauthorized
absence of 37 days. On 8 March 1968 you were referred for a medical
evaluation and diagnosed with an unstable
personality. On 21 March 1968 the commanding officer recommended a
discharge by reason of unsuitability. You were informed of the discharge
processing and waived your rights to request restoration to duty and
requested execution of the previously adjudged BCD.
On 22 April 1968 upon completion of appellate review, the convening
authority directed immediate execution of the BCD adjudged by the SPCM of
22 December 1967. On 4 June 1968 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 repetitive and
frequent misconduct that resulted in four convictions by SPCM. Further, you
escaped from confinement and departed on an unauthorized absence, but due
to the pending BCD, no disciplinary action was taken. 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 PFEIFFER
Executive Director
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