DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2O37O~5 100

SMW
Docket No: 6863-07
5 March 2008

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 5 March 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.

on 10 June 1958, you enlisted in the Navy at age 18. During the period 24 September 1959 to 2 February 1962, you had a nonjudicial punishment, were convicted by three summary courts-martial, and had suspended punishment vacated. Your offenses included sleeping and reading a magazine on watch, failure to go to your appointed place of duty, willful disobedience of a lawful order, two instances of assault, and fighting with another Sailor.

On 14 February 1962, your commanding officer initiated administrative separation by reason of unfitness due to frequent discreditable involvement. In connection with this processing, you acknowledged that separation could result in an undesirable discharge (UD) and elected to have your case heard by an administrative discharge board (ADB). On 20 February 1962, an ADE convened and concurred with the separation recommendation. On 13 March 1962, the separation authority approved the AIDE separation recommendation and directed a UD by reason of unfitness due to frequent discreditable involvement. On 17 April 1962, you were so discharged.

The Board, in its review of your entire record and application, carefully weighed all potential mitigation, such as your youth. The Board also considered your contention that a personal conflict contributed to some of your infractions. 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 show that a personal conflict may have contributed to your misconduct. But, even if there were such evidence, that would not excuse your misconduct. 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 PFEIFFER
Executive Director