DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 8758-07
27 October 2008
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 21 October 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 4 April 1957 at age 17 and served for
about nine months without disciplinary incident, but on 29
January 1958 you were convicted by special court-martial (SPCM)
of absence from your appointed place of duty and sentenced to
hard labor for 20 days, restriction for 30 days, and a $57
forfeiture of pay. During the period from 25 March to 29
December 1958, you received nonjudicial punishment (NJP) on four
occasions for a one day period of unauthorized absence (UA) and
three periods of absence from your appointed place of duty.
During the period from 30 December 1959 to 2 July 1960 you were
in a UA status on three more occasions. As a result, on 2
September 1960, you were convicted by general court-martial (GCM)
of three periods of UA totalling 184 days and sentenced to a $360
forfeiture of pay, confinement at hard labor for six months, and
a bad conduct discharge (BCD). On 9 November 1960, while in °
confinement, you submitted a written request for immediate
execution of the BCD, in which you stated, in part, as follows:
I feel that I can’t make enough capital to pay off my bills.
I already have a law suit against me. I can’t pay it off
because I am in a nonpay status.
Subsequently, the BCD was approved at all levels of review, and
on 27 January 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, explanation for your periods of UA, and assertions
regarding your post service mental and physical health problems.
Nevertheless, these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your repetitive misconduct and lengthy period of UA which
resulted in four NUJPs 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,
ven.
W. DEAN PFEIF
Executive Dire
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