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NAVY | BCNR | CY2005 | 07019-05
Original file (07019-05.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
 TJR
Docket No: 7019-05
9 May 2006





This is in reference to your application for correction of your naval record pursuant to the provisions of Title 10, United State Code, Section 1552.
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 May 2006. Your allegations of error and in]ustice 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 18 October 1951 at age 19. You served for nearly a year without disciplinary infraction, but on 13 November 1952 you were convicted by special court-martial (SPCM) of two periods of unauthorized absence (UA) totalling 48 days. You were sentenced to confinement at hard labor for 41 days and an $80 forfeiture of pay.

On 14 January and again on 14 February 1953 you were convicted by summary court-martial (SCM) of two periods of UA totalling three days.

On 10 June 1954 you were convicted by general court-martial (GCM) of failure to obey a lawful order and desertion resulting from a 314 day period of UA. You were sentenced to forfeiture of all pay and allowances, confinement at hard labor for 28 months, reduction in rate, and a bad conduct discharge (BCD). On 28 February 1955 you waived restoration to duty and submitted a written request for immediate execution of the BCD. After the BCD was approved at all levels of review, on 12 April 1956 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 and the passage of time. It also considered your desire for an upgrade of your discharge so that you may receive veterans’ benefits and be eligible for membership with the American Legion. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of the seriousness of your frequent and lengthy periods of UA from the Navy, which resulted in four 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 PFIEFFER
                                                                        Executive Director
2

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