DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
I
2 NAVY ANNEX
WASHINGTON DC 20370-5100
FC
Docket No: 09591-
02
28 April 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 23 April
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.
The Board found that you enlisted in the Navy on 23 November 1957. At
that time, you stated, and recruiting officials believed that you
were 17 years of age. On 26 February 1959 you received nonjudicial
punishment (NJP) for a brief period of unauthorized absence, and were
awarded restriction. On 2 June 1959 you received a second NJP for
another brief period of unauthorized absence, and were awarded extra
duty. On 10 June 1959 you received a third NJP for dereliction, and
were awarded extra duty. On 30 June 1959 you received a fourth NJP
for disobedience, and were reduced to paygrade E-2. On 31 July 1959
you received an fifth NJP for a brief period of unauthorized absence,
and were awarded restriction. On 11 September 1959 you received a
sixth NJP for failure to go to your appointed place of duty, and were
awarded restriction. On 4 November 1959 you received a seventh NJP
for a brief period of unauthorized absence and were awarded extra
duty. On 16 November 1959 you were convicted by a summary court
marital (SCM) of sleeping on post, and were sentenced to thirty days
of restriction and extra duty.
On 8 November 1959, the commanding officer recommended an undesirable
discharge by reason of unfitness due to frequent involvement of a
discreditable nature with military authorities. When advised of
administrative separation processing, you signed a statement of awareness
waiving all of your procedural rights. On 30 December 1959, the separation
authority directed separation, and on 15 January 1960 you were separated
with an undesirable discharge.
In its review of your case, the Board carefully weighed all potentially
mitigating factors such as your extreme 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 were not sufficient to warrant
recharcterization of your discharge given your frequent and serious
misconduct that resulted in seven NJPs and a SCM. The Board also noted the
birth certificate you submitted which indicated that you were 16 years old
when you enlisted. However, the Board also noted that you served for more
than a year with no misconduct, and were over 17 when all of your
disciplinary problems occurred. Accordingly, your request 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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