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
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