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NAVY | BCNR | CY2005 | 02723-05
Original file (02723-05.doc) Auto-classification: Denied


                           DEPARTMENT OF THE NAVY
                    BOARD FOR CORRECTION OF NAVAL RECORDS
                                2 NAVY ANNEX
                          WASHINGTON DC 20370-5100


                                                         SMW
                                                         Docket No: 2723-05
                                                         24 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 19
      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 17 October 1960 at age 17 with parental
      consent. During the period from 13 December 1960 to 29 June 1962 you
      received nonjudicial punishment (NJP), and were convicted by a
      summary court-martial (SCM) and special court-martial (SPCM). Your
      offenses included six instances of unauthorized absence (UA) totaling
      about 98 days, two instances of failure to obey a lawful order,
      altering an armed forces identification card, and breaking
      restriction. During November 1961 civil authorities charged you with
      assault with a deadly weapon.

      On 20 September 1962 an administrative separation board convened and
      recommended that you be separated with a general discharge due to
      unfitness. However, the separation authority disapproved the board’s
      recommendation due to the command’s failure to comply with applicable
      notification requirements.

      Accordingly, on 19 October 1962, the commanding officer again
      initiated separation action by reason of unfitness and advised you of
      the possible consequences of such action. The record










shows that you were advised of your rights and elected to have your case
heard by a field board, and be represented by counsel. On 19 November 1962
a field discharge board convened. The record shows that you were
represented by counsel. The field discharge board subsequently recommended
that you be separated with an undesirable discharge by reason of unfitness
and you were so discharged on 14 December 1962.

The Board, in its review of your entire record and application, carefully
weighed all potentially mitigating factors, such as your youth, and your
contention that you did not have counsel or understand the military
process. Nevertheless, the Board concluded that these factors were not
sufficient to warrant recharacterization of your discharge due to the
repetitive misconduct, especially the UA’s that totaled more than three
months. With regard to your contention, the record clearly shows that you
were represented by counsel and understood your legal rights. Therefore,
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 PFEIFFIER
                                        Executive Director















                                      2

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