Search Decisions

Decision Text

NAVY | BCNR | CY2002 | 09002-02
Original file (09002-02.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 

NAVY 

ANNEX

WASHINGTON DC 20370-5100

Docket No: 9002-02
19 December 2002

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 December 2002. 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 12 March 1948. You were convicted by
summary court-martial on two occasions for absences without authority which occurred in
January 1949 and February 1950. You served in the Korean conflict from September 1950 to
January 1951, when you were medically evacuated for treatment of frostbite. You were
absent without authority from 20 March 1951 to 19 February 1952. Upon your return to
military control, you alleged that you were absent without authority because you had
forgotten you were in the Navy, and that you voluntarily returned to military control 
you remembered that you were still in the Navy. You were evaluated by a board of medical
survey, which determined that yo had an inadequate personality, but were sane and
responsible for your actions. You were discharged from the Navy on 14 February 1953, with
a bad conduct discharge, pursuant to the sentence of a general court-martial. 

alter

.

The Board rejected your unsubstantiated contentions to the effect that the offense which
resulted in your discharge was caused by undiagnosed post traumatic stress disorder, and that
you were unfit by reason of physical disability at the time of your discharge.
In addition, it

concluded that your service was properly characterized with a bad conduct discharge, given
your repeated absences without authority, and multiple convictions by court-martial.
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



Similar Decisions

  • NAVY | BCNR | CY2013 | NR8248 13

    Original file (NR8248 13.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 August 2014. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2001 | 05355-01

    Original file (05355-01.pdf) Auto-classification: Denied

    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. The Navy Board of Review affirmed the findings and Thereafter, you were not recom- On 30 April 1952 you received a third NJP for two periods of UA from 14-22 March and 29 March to 3 April 1952. bad conduct discharge on 5 May 1952. concluded that the foregoing factors and contentions...

  • NAVY | BCNR | CY2002 | 05541-01

    Original file (05541-01.pdf) Auto-classification: Denied

    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. You served without further incident and received a general discharge upon the expiration of your enlistment on 15 September 1953. of 4.0 in conduct was required for a fully honorable characteri- zation of service at the time of your discharge.

  • NAVY | BCNR | CY2010 | 08241-10

    Original file (08241-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 April 2011. 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. On 25 November 1950, you were again convicted by SPCM of UA from your unit for a period of three days and sentenced to 30 days confinement, a...

  • NAVY | BCNR | CY2002 | 04698-02

    Original file (04698-02.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 December 2002. 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. As a result of...

  • ARMY | BCMR | CY2003 | 2003088676C070403

    Original file (2003088676C070403.rtf) Auto-classification: Denied

    This certificate shows the same information; the applicant enlisted in the Regular Army on 9 February 1950 and was discharged with an Bad Conduct Discharge on 10 June 1952 in the rank of Private. Army Regulation 615-364, then in effect, provided the policy for discharge of enlisted personnel pursuant only to approved sentences of a general court-martial empowered to impose a dishonorable discharge. After a thorough review of the applicant’s record, the Board found no cause for clemency and...

  • NAVY | BCNR | CY2002 | 02269-02

    Original file (02269-02.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 November 2002. You were convicted by general court-martial on 14 March 1955 of the offense of desertion, and sentenced to confinement at hard labor for one year and six months, total forfeiture of pay and allowances for that period, and to be discharged with a bad conduct discharge. Consequently, when applying for a correction of an official naval record, the...

  • NAVY | BCNR | CY2002 | 04260-01

    Original file (04260-01.pdf) Auto-classification: Denied

    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 reaching its decision, the Board noted that the 80 day period of unauthorized absence was only terminated by your apprehension and you did not desire restoration to duty. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to...

  • ARMY | BCMR | CY2001 | 2001063863C070421

    Original file (2001063863C070421.rtf) Auto-classification: Denied

    The applicant requests correction of military records as stated in the application to the Board and as restated herein. Information contained herein was obtained from his record of trial and a memorandum for the Secretary of the Army dated 3 March 1954 responding to the applicant’s application to the Board for a change in his discharge. DISCUSSION : Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law...

  • NAVY | BCNR | CY2002 | 02684-02

    Original file (02684-02.pdf) Auto-classification: Denied

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORD S 2 NAVY ANNE X WASHINGTON DC 20370-510 0 WMP Docket No: 3 October 2002 2684-02 This is in reference to your application for correction of your naval United States Code section 1552. record pursuant to the provisions of Title 10 of the A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 October 2002. injustice were reviewed in accordance with...