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Decision Text

NAVY | BCNR | CY2002 | 08634-01
Original file (08634-01.pdf) Auto-classification: Denied
DEPARTMENTOFTHE NAV
BOARD FOR CORRECTION OF NAVAL RECORD

Y

S

2 NAVY ANNE

X

WASHINGTON DC 20370.510

0

TJR
Docket No: 8634-01
24 May 2002

This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, United
States Code,

Section 1552.

sitting in executive session, considered your

A three-member panel of the Board for Correction of Naval
Records,
application on 21 May 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
your application,
thereof, your naval record,
and policies.

together with all material submitted in support
and applicable statutes, regulations,

Documentary material considered by the Board consisted of

Your allegations of error and

After careful and conscientious consideration of the entire
record,
to establish the existence of probable material error or
injustice.

the Board found the evidence submitted was insufficient

You enlisted in the Navy on 16 May 1962 at the age of 17.
Shortly thereafter, on 29 June 1962, you were convicted by
summary court-martial (SCM) of assault and were sentenced to hard
labor without confinement for eight days and a $20 forfeiture of
pay-

Your record reflects that on 25 May 1964 you received nonjudicial
punishment (NJP) for absence from your appointed place of duty
and were awarded restriction and extra duty for 30 days,
reduction to  
16 September 1965 you received NJP for absence from your
appointed place of duty and disobedience.
was restriction and extra duty for

and a suspended forfeiture of pay. On

paygrade  E-l,

The punishment imposed

  14 days.

On 15 January 1966 you were convicted by SCM of a 38 day period
of unauthorized absence (UA) and missing the movement of your
ship.
confinement at hard labor for 30 days.
were notified of pending administrative separation action by
reason of unfitness due to your frequent military offenses. At

You were sentenced to an $80 forfeiture of pay and

On 24 January 1966 you

that time you waived your rights to consult with legal counsel
and to present your case to an administrative discharge board.
On 2 February 1966 the discharge authority directed an
undesirable discharge by reason of unfitness, and on 24 February
1966 you were so discharged.

in its review of your entire record and application,

The Board,
carefully considered all mitigating factors, such as your youth
and immaturity and your contention of prejudicial treatment.
Nevertheless,
not sufficient to warrant recharacterization of your discharge
because of your repetitive misconduct.
evidence in the record,
contention of prejudicial treatment.
application has been denied.

the Board found these factors and contention were

and you submitted none,

Accordingly, your

Further,

there is no

to support 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.
Board reconsider its decision upon submission of new and material
evidence or other matter not previously considered by the Board.
In this regard,
presumption of regularity attaches to all official records.
Consequently,
record,
existence of probable material error or injustice.

the burden is on the applicant to demonstrate the

when applying for a correction of an official naval

it is important to keep in mind that a

You are entitled to have the

Sincerely,

W. DEAN PFEIFFER
Executive Director



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