DEPARTMENT OF THE NAVY
BOARD FOR C O R R E C T I O N O F N A V A L RECORDS
2 NAVY ANNEX
WASHINGTON DC 2 0 3 7 0 - 5 1 0 0
TRG
Docket No: 10888-02
27 May 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 20 May 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.
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 3 December 1952
at age 17. During the period from 5 February 1953 until 30
December 1955 you received nonjudicial punishment on eight
occasions and were convicted by two summary courts-martial. Your
offenses were four periods of unauthorized absence Lokaling about
five days, failure to go to your appointed place of duty,
destruction of government property, disobedience, disrespect, and
several other relatively minor offenses. A special court-martial
convened on 1 February 1956 and convicted you of treating a petty
officer with contempt, assault and the theft of $65. The court
sentenced you to forfeiture of $67 pay per month for six months,
confinement at hard labor for six months and a bad conduct
discharge. The bad conduct discharge was issued on 29 June 1956.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and contention
that you were not guilty of theft. The Board found that these
factors and contentions were not sufficient to warrant
recharacterization of your discharge given your extensive
disciplinary record and especially the serious nature of the
offenses of which you were convicted by the special court-
martial. The record shows that although you plead not guilty,
you were convicted and the conviction was reviewed and found to
be legally sufficient. Furthermore you should also understand
that this Board is prohibited by law from reviewing courts-
martial and must limit its review to determining if the sentence
should be reduced as a matter of clemency. The Board concluded
that the discharge was proper as issued and no change is
warranted.
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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