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NAVY | BCNR | CY2006 | 01731-06
Original file (01731-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
                                                                        TJR
                                                                                                   Docket No: 1731-06
 20 September 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 19 September 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 ecord, the Board found the evidence submitted was insufficient to establish the existence of probable material error or injusrice.
You reenlisted in the Navy on 25 June 1946 after five years of prior honorable service. You continued to served without disciplinary incident until 5 October 1953, when you received captain’s mast (CM) for failure to pay just debts and were awarded restriction for 14 days. Shortly thereafter, on 26 October 1953, you were convicted by special court-martial (SPCM) of larceny of government property valued at $50 and wrongful appropriation of government property valued at $98. You were sentenced to a $630 forfeiture of pay and restriction for 45 days.
On 29 July 1954 you were convicted by general court-martial (GCM). of wrongful appropriation of an automobile valued at $1,095, 10 specifications of uttering worthless checks totalling $809.55, and nine specifications of theft of money and property totalling $440. •You were sentenced to confinement at hard labor for nine months, a reduction in rate, forfeiture of all pay and allowances, and a bad conduct discharge (BCD).
On 13 December 1954 you submitted a written request for immediate execution of the BCD stating, in part, that you were too old to start your career over as a seaman recruit. After the BCD was approved at all levels of review, on 11 March 1955, you were so discharged.
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your prior honorable service and assertion that the charges surrounding your court-martial were erroneously based on ‘intent to deceive and fraud’ and that you were not guilty of the charges. It also considered your assertion of being in shock due to your wife’s infidelity and betrayal. 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 a captain’s mast and two 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 PFEIFFER
 Executive Director











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