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NAVY | BCNR | CY2006 | 04568-06
Original file (04568-06.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O37O~51 00
SJN
 Docket No: 04568-06
2 November 2006




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, 1552 .
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 31 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 ill] ustice.
You enlisted in the Navy on 29 March 1951 at age 17. On 7 November 1951 and 17 January 1952 you received nonjudicial punishment (NJP) for two brief periods of unauthorized absence (UA). You were convicted by special court-martial (SPCM) on 4 March 1953 for a 12-day period of UA. During the period from 10 June to 22 August 1953 you received two NJP’s for brief period of UA, missing restricted muster, disobedience, and failure to muster for hard labor. You also were convicted by summary court-martial of a six day period of UA. On 4 February 1954 you were convicted by a general court-martial for two periods of UA totaling 89 days and breaking restriction. You were sentenced to a forfeiture of all pay and allowance, confinement at hard labor, a reduction in paygrade, an bad conduct discharge (BCD). On 4 July 1954 you received the BCD after appellate review was completed.
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth and time in service. However, the Board found that these factors were not sufficient to warrant recharacterization of your discharge given your extensive disciplinary record consisting of four NJP’s, convictions by SCM and SPCM’s, and
                   especially your conviction by GCM’s for lengthy periods of UA totaling more than two months.

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
2

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