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NAVY | BCNR | CY2003 | 00676-03
Original file (00676-03.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 20370-5100

I

Docket No: 00676-03

16 June 200 3

h

This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10 of t
United States Code section 1552.

e

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 11 June 2003.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
of your application, together with all material submitted in
support thereof, your naval record and applicable statutks,
regulations and policies.

Documentary material considered by the Board consisted

Your allegations of error and

After careful and conscientious consideration of the 
record, the Board found that the evidence submitted was  ~
insufficient to establish the existence of probable material
error or injustice.

entire

The Board found that you enlisted in the Navy on 30 
age 17.
On 7 January 1964 you received nonjudicial 
(NJP) for a seven-day period of unauthorized absence 
awarded restriction and forfeitures of pay.
were convicted by summary court martial (SCM) of 
instances of disobedience of a superior officer and 
sentenced to fifteen days of confinement at hard labor and a
forfeiture of pay.
On 3 May 1963 you received a second  
brief period of unauthorized absence and were awarded a 
forfeiture of pay.

On 17 

were!

I

July~l963 at
puni$hment
and~were

April~l964 you
assaultiand two

NJP for a
I

On 25 August 1966 you were convicted by special
(SPCM) of a 48-day period of unauthorized absence and we
sentenced to a reduction to 
confinement for two months.
suspended.

paygrade  E-l, forfeitures
Portions of the sentence we

12 December 1966 the

However, on 

of the sentence were vacated due to continued misconduct. On 29
December 1966 you were convicted by a second SPCM of a 
61 day
period of unauthorized absence and were awarded a bad conduct
discharge 
for three months.
request restoration to duty and requested execution of 
discharge adjudged by the second SPCM.
were granted appellate leave.
appellate review, you were separated with a BCD.

(BCD), forfeitures of pay and confinement at hard labor
On 30 September 1968, you waived the right to

On 24 May 1967, upon completion of

On 21 March 

1967,, you

t.le

In its review of your case, the Board carefully weighed
potentially mitigating factors such as your youth and
immaturity, and the length of time that has passed 
were discharged from the Navy.
these factors were not sufficient to warrant recharacter'zation
of your discharge given your frequent and serious miscon uct
1
that resulted in an NJP and convictions by a SCM and 
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon
request.

since~you
However, the Board found that

twolSPCMs.
The nameS and

11

a

It is regretted that the circumstances of your case are such
that favorable action cannot be taken.
the Board reconsider its decision upon submission of 
material evidence or other matter not previously 
the Board.
a presumption of regularity attaches to all official
Consequently, when applying for a correction of an 
naval record, the burden is on the applicant to 
existence of probable material error or injustice.

consider ed by

it is important to keep in mind that

demonstr+te the

In this regard,

entitled~to have

You are 

newland

ret rds.

offic

Pal
I

Sincerely,

W. DEAN PFEIFFER
Executive Director



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