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NAVY | BCNR | CY2005 | 09661-05
Original file (09661-05.rtf) Auto-classification: Denied

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


 TRG
Docket No: 9661-05
15 March 2007





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 13 March 2007. 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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.
You enlisted in the Navy on 24 January 1961 at age 17. During the period from 24 October 1961 to 4 August 1962, you received four nonjudicial punishments, and were convicted by a summary court-martial and a special court-martial. Your offenses were three periods of unauthorized absence totaling about five days, two instances of failure to go to your appointed place of duty and two instances of wrongful appropriation. While serving the confinement portion of your court-martial sentence, you were diagnosed with an antisocial personality disorder.
Based on the foregoing record, you were processed for an administrative discharge. In connection with this processing, you elected to waive your right to have your case heard by an administrative discharge board. After review, the separation authority directed an undesirable discharge by reason of unfitness and you were so discharged on 23 October 1962.
In its review of your application the Board carefully weighed all potentially mitigating factors, such as your youth, limited education and your contention, in effect, that you have been
 sufficiently punished for your immature actions which occurred over 44 years ago. The Board found that these factors and contentions were not sufficient to warrant recharacterizatjon of your discharge given your extensive record of misconduct. The Board was aware that you were 18 years old when most of your offenses were committed and were the same age as many others who served without disciplinary infractions. 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 PFEIFFER
                                                                         Executive Director






















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