DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECOREDS
2NAVYANNEX
WASHINGTON DC 20370-5100
SJN
Docket No: 02325-05
6 October 2005
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 5
October 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 24 May 61 at age 17. During the period
from 13 June 1962 to 12 March 1963 you received three nonjudicial
punishments (NJP’s) for failure to go to your appointed place of
duty, absence from your appointed place of duty, disrespect, and
disobedience.
On 23 May 1963 you were convicted by special court-martial (SPCM) of
two specifications of unauthorized absence (UA) totaling about 16
days, one of which was terminated by your apprehension, missing
movement, breaking restriction and wearing a civilian jacket over a
dirty uniform. You were sentenced to four months confinement at hard
labor, forfeitures of $220, a reduction to paygrade E-1, and a bad
conduct discharge (BCD). On 7 October 1963 you received the BCD after
appellate review was completed.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as your
youth. However, the Board found that these factors were not
sufficient to warrant recharacterization of your discharge given
your record of three NJP’s and the conviction by SPCM for offenses that
included a UA ending in apprehension. 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
2
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