DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 6199-08
19 March 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 18 March 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.
On 14 October 1958, you enlisted in the Navy at age 17 with
parental consent. On 13 October 1959, you had your eighteenth
birthday. During the period 28 January to 1 June 1969, you
were in an unauthorized absence (UA) status on four occasions
totaling about 104 days. On 24 June 1960, you were convicted
by a special court-martial of the four instances of UA totaling
104 days and two instances of breaking restriction. Your
sentence included reduction in rank, confinement at hard labor,
forfeitures of pay, and a bad conduct discharge (BCD).
After the BCD was approved at all levels of review, on
26 September 1960, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth
and regret for your misconduct. ‘The Board also considered the
letter of recommendation that you submitted with your
application and your contention that you went UA because you
were threatened. Nevertheless, the Board concluded that these
factors were not sufficient to warrant recharacterization of
your discharge due to the seriousness of your misconduct.
Regarding your contention, there is no evidence in the record
to support it. Therefore, 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,
W. DEAN PFEIS®F
Executive Di
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