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NAVY | BCNR | CY2006 | 01821-06
Original file (01821-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

                                              TJR
                                                                                           Docket No: 1821-06
                                                                                          13 October 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 4 October 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 5 June 1959 at age 17 and served without disciplinary infraction until 19 August 1960, when you were convicted by special court-martial (SPCM) of theft of $10 from a shipmate. You were sentenced to confinement at hard labor for three months and a $198.75 forfeiture of pay. About four months later, on 15 December 1960, you were again convicted by SPCM of failure to obey a lawful order and three specifications of larceny of clothing valued at $48.85. You were sentenced to a $165 forfeiture of pay, confinement at hard labor for three months, reduction to paygrade E-l, and a bad conduct discharge
(BCD).
On 9 January 1961 you requested restoration to duty in which you stated, in part, that if given the chance you would do better. However, this request was denied and after the BCD was approved at all levels of review, on 12 Nay 1961 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 the passage of time. It also considered your desire to upgrade your discharge so that you may be issued an American flag as a veteran of the Navy. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of the seriousness of your misconduct, which not only included theft from your shipmates, but also theft while being a prisoner. Finally, no discharge is automatically upgraded due solely to the passage of time and/or an individual’s good post service conduct. 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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