DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX TRG
WASHINGTON DC 20370-5100 Docket No: 6118-08
11 February 2009
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 3 February 2009. 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Navy on 30 December 1963 at age 17. During
the period from 7 May 1964 to 1 February 1965 you received
nonjudicial punishment on two occasions and were convicted by a
summary and a special court-martial. Your offenses were four
short periods of unauthorized absence and improperly taking money
from a recruit. On 20 September 1965 you were convicted by civil
authorities of multiple traffic offenses and striking another
car. Because you did not pay the fines and court costs you were
remanded to jail for nonpayment. You then remained in the
custody of various jurisdictions in Virginia for several months.
On 24 May 1966, the court reduced the charge of automobile grand
larceny and found you guilty of unauthorized use of a motor
vehicle. The court sentenced you to 12 months in jail, gave you
credit for the eight months you had already spent in confinement
and suspended the remaining four months of the sentence.
Subsequently, you were returned to the Navy.
On 7 June 1966 the command recommended you for an undesirable
discharge due to the civil conviction but also recommended that
the discharge be suspended on 12 months probation. After review
this recommendation was approved and you acknowledged the terms
of your probation. On 2 August 1966 you received nonjudicial
punishment for threatening a senior petty officer and another
individual and received forfeiture of pay. That same day your
commanding officer vacated the suspension and directed the
previously approved discharge. You received the undesirable
discharge on 4 August 1966.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, limited
education, low score on the aptitude test, need for medical care
and your regret for your actions. The Board found that these
factors were not sufficient to warrant recharacterization of your
discharge given your extensive record of military and civilian
misconduct and violation of probation. The Board concluded that
the discharge was proper as issued and no change is warranted.
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,
Yor. W. DEAN PFEIFFER
Executive Director
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