DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 8761-08
21 May 2009
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 May 2009. The names and votes of the
members of the panel will be furnished upon request. 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 12 October 1951 at age 17 and served
for about a year and nine months without disciplinary incident,
but on 4 August 1953, you were convicted by special court-martial
(SPCM) of a 25 day period of unauthorized absence (UA). On 24
December 1953 you received nonjudicial punishment (NUP) for a 16
day period of UA. About two months later, on 17 February 1954,
you were convicted by SPCM of a 27 day period of UA. On 20 April
and again on 18 May 1954 you received NUP for two periods of UA
totalling 24 days.
On 30 July 1954 you were again convicted by SPCM of a 49 day
period of UA. You were sentenced to confinement at hard labor
for five months, a $240 forfeiture of pay, and a bad conduct
discharge (BCD). On 4 October 1954 you submitted a written
request for immediate execution of the BCD, stating in part, that
you did not like the Navy and that your family needed you at
home. Subsequently, the BCD was approved at all levels of review
and on 21 November 1954 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, desire to upgrade your discharge, and your assertion
that the record of UA is incorrect. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your BCD because of the seriousness of your
repetitive and lengthy periods of UA which resulted in three NJPs
and two court-martial convictions. Accordingly, your application
has been denied.
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, ™
\h
W. DEAN PFEIFF
Executive Dire
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