D E P A R T M E N T O F T H E N A V Y
BOARD FOR CORRECTION OF NAVAL RECORDS
2 N A W ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 3188-98
16 August 1999
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.
b
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 28 July 1999. 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.
The Board found that you enlisted in the Marine Corps on 29 May
1950 at age 17. Your record reflects that you received three
nonjudicial punishments and were convicted by two summary courts-
martial. The offenses included failure to obey a lawful order,
unauthorized absences totalling four days, failure to have
appropriate authorized car passes and a state operator's
license.
A special court-martial convened on 9 October 1953 and found you
guilty of unauthorized absences totalling 81 days and breaking
arrest. The court sentenced you to confinement at hard labor for
six months, forfeiture of $204, reduction in rate, and a bad
conduct discharge. You received the bad conduct discharge on 9
March 1954.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and
immaturity. However, the Board concluded that these factors were
not sufficient to warrant recharacterization of your discharge
due to your six disciplinary actions, one of which was a special
court-martial for absences totalling nearly three months. Based
on the foregoing, the Board concluded that no change to the
discharge 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
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