DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 7558-12
15 May 2013
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 8 May 2013. 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 and began a period of active duty on
3 December 1952 at age 17. From 4 March through 22 duly 1953
you received nonjudicial punishment (NJP) on four occasions for
two instances of failure to obey a lawful order and three
instances of unauthorized absence (UA) from your unit for a
period totaling four days. On 7 October 1953 you were convicted
by summary court-martial (SCM) of UA from your unit for a period
of 10 days. On 9 December 1953, you were convicted of larceny of
gas from a school bus in the District Court of Portland, Oregon.
The sentence imposed was confinement for one year, which was
suspended. On 5 January 1954, you were convicted by special
court-martial (SPCM) of UA from your unit for a period of 12
days. On 20 January 1954, you were notified of pending
administrative discharge processing with an other than honorable
(OTH) discharge due to unfitness. You waived all of your
procedural rights, including your right to an administrative
discharge board (ADB). On 15 February 1954, the separation
authority approved and directed your discharge. On 16 February
1954, you were again convicted by SCM of UA from your unit. Lor a
period of three days. On 18 March 1954, you received the OTH
discharge for unfitness.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness and repetitiveness of
your misconduct that resulted in four NJPs, two SCMs, a civil
conviction and SPCM and UA from your unit for a period total 29
days. The Board noted that you waived the right to an ADB, your
best chance for retention or a better characterization of
service. Finally, there is no provision of law or in Navy
regulations that allows for recharacterization of service due
solely to the passage of time. 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 OLlscial.
naval record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
\x Den
W. DEAN PFEI\KFE
Executive Di
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