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NAVY | BCNR | CY2007 | 05763-07
Original file (05763-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 SJN
 Docket No: 05763-07
27 March 2008








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 25 March 2008. 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 15 November 1951 at age 18. On 26 September 1952 and 26 March 1953, you were convicted by special court-martial (SPCM) of two periods of unauthorized absence (UA) totaling 124 days. On 25 March 1954, you were convicted by a third SPCM of a 69 day period of UA. You were sentenced to confinement at hard labor, a forfeiture of pay, a reduction in. paygrade, and a bad conduct discharge (BCD). On 14 June 1954, you waived your right to request restoration to full duty and 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, overall record of service, and contention that you had a drinking problem. Nevertheless, the Board found that these factors and contention were not sufficient to warrant recharacterization of your discharge given your conviction by three SPCM’s for periods of UA totaling over six months. Concerning your contention of alcohol abuse, there is no evidence in the record to support it, and you submitted no such evidence.
 Additionally, alcohol abuse does not excuse misconduct, and disciplinary action was appropriate. 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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