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NAVY | BCNR | CY2004 | 09246-04
Original file (09246-04.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
                           TJR
                                                                                          Docket No: 9246-04
                                                                                          29 August 2005



This is in reference to your application for correction of your naval record pursuant to the provisions of Title 10, 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 16 August 2005. 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 the evidence submitted was insufficient to establish the existence of probable material error or injustice.
You enlisted in the Navy on 26 March 1951 at age 18. On 9 June and again on 3 July 1952 you were convicted by summary court-martial (SCM) of two periods of unauthorized absence (UA) totalling 20 days. During the period from 20 July to 29 October 1952 you were again UA for a period of 101 days and declared a deserter.
On 30 January 1953 you were convicted by general court-martial (GCM) of desertion and failure to obey a lawful order. You were sentenced to confinement at hard labor for six months, forfeiture of all pay and allowances for six months, reduction in rate to seaman recruit, and a dishonorable discharge (DD)
During the period from 12 June 1953 to 19 February 1954 you submitted two requests for restoration to duty and a request for immediate execution of the DD. Your requests for restoration were subsequently denied, but on 25 March 1954, the DD was mitigated to a bad conduct discharge (BCD).
Subsequently, the BCD was approved at all levels of review and on 5 April 1954 you received the BCD.
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth, passage of time, and assertion that you would like your discharge upgraded because you are in need of medical assistance. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of the seriousness of your lengthy periods of UA, which resulted in three court-martial convictions. 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 PFEI FFER
 Executive Director

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