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NAVY | BCNR | CY2006 | 02667-06
Original file (02667-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                             2 NAVY ANNEX
WASHINGTON DC 20370~5 100
                          


                           TJR
D ocket No: 2667-06
 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 3 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 17 July 1950 at age 20. You served for nearly one year without disciplinary incident but during the period from 28 July 1951 to 18 December 1953 you received nonjudicial punishment (NJP) on four occasions and were convicted twice by seminary court-martial (SCM) . Your offenses were three specifications of drunk and disorderly conduct, two periods of absence from your appointed place of duty, a 14 day period of unauthorized absence (UA), failure to obey a lawful order, fighting, two specifications of disrespect, using provoking words, and assault.
On 25 February and again on 16 March 1954 you received NJP for drunk and disorderly conduct, being out of uniform, and drunkenness.



On 25 April 1954 you were apprehended by civil authorities on unspecified charges and held in confinement until you were released to military authorities on 1 June 1954. On 16 June 1954 you were convicted by special court-martial (SPCM) of this 36 day period of UA and missing the movement of your ship. You were sentenced to confinement at hard labor for 60 days and a $140 forfeiture of pay.
Subsequently, you were processed for an administrative separation by reason of misconduct due to civil conviction. The discharge authority directed an undesirable discharge and on 31 August 1954 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 assertion that you were not aware of the adverse effects of an undesirable discharge. 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 six NJPs, three court-martial convictions, and conviction by civil authorities. 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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