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NAVY | BCNR | CY2002 | 08473-02
Original file (08473-02.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

JRE
 Docket No: 8473-02
25 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 6 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. In addition, it considered the comments of your counsel
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 were separated from the Navy on 5 September 1958 with a bad conduct discharge, based on your conviction by special court-martial of unauthorized absence, and prior convictions by summary and special courts-martial of unauthorized absence, striking another Sailor, and communicating a threat to injure with the intent to unlawfully obtain $10.00 from a Sailor. There is no indication in available records that you were unfit for duty by reason of physical disability at the time of your discharge.
The Board concluded that you service was properly characterized with a bad conduct discharge, given the nature and severity of the acts of misconduct which resulted in that discharge. It carefully considered your desire to qualify for medical benefits from the Department of Veterans Affairs, as well your service prior to the commission of the offenses resulfing in your discharge, but found those factors insufficient to warrant any corrective action in your case. 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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