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NAVY | BCNR | CY2005 | 04460-05
Original file (04460-05.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                    2 NAVY ANNEX
WASHINGTON DC 20370-51 00



                                             TJR
Docket No: 4460-05
9 March 2006


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 7 March 2006. 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 25 September 1951 at age 17. You served seven months without disciplinary incident but during the period from 4 April to 5 November 1952 you received nonjudicial punishment (NJP) on seven occasions. Your offenses were three specifications of losing your identification and liberty cards, a four day period of unauthorized absence (UA), wrongful possession of government property, housebreaking, failure to obey a lawful order, and absence from your appointed place of duty.

On 23 January 1953 you received NJP for disobedience and being out of uniform. The punishment imposed was extra duty for 10 hours. Shortly thereafter, on 27 March 1953, you were convicted by special court-martial (SPCM) of absence from your appointed place of duty and wrongful appropriation of a privately owned vehicle. You were sentenced to confinement at hard labor for six months, a $300 forfeiture of pay, and a bad conduct discharge (BCD).



On 13 July 1953 you submitted a written request for immediate execution of the BCD for personal reasons. Subsequently, the BCD was approved at all levels of review and on 25 August 1953 you were so discharged.
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth, post service conduct, and character reference letters. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of the seriousness of your repetitive misconduct, which resulted in eight NJPs and a court-martial conviction, and your request for immediate execution of the BCD. 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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