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NAVY | BCNR | CY1998 | 07383-98
Original file (07383-98.pdf) Auto-classification: Denied
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 

ELP 
Docket No. 7383-98 
31 August 1999 

Dear 

4 

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 25 August 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 Navy on 13 September 
1956 for three years at age 17.  The record reflects that you 
were advanced to PFC (E-2) and served for 16 months without 
incident.  H o w e v e r ,   during the 13 m o n t h   period from January 1958 
to February 1959 you received two nonjudicial punishments (NJP) 
and were convicted by three summary courts-martial.  Your 
offenses consisted of sitting down on post, failure to obey a 
general regulation, appearing at drill needing a haircut and 
wearing double-soled shoes, wrongful appropriation, a two hour 
period of unauthorized absence, and absence from your appointed 
place of duty. 

On 13 July 1959 you were convicted by special court-martial of 
two specifications of failure to go to your appointed place of 
duty and failure to obey a lawful order.  You were sentenced to 
confinement at hard labor for six months and forfeitures of $40 
per month for six months.  Thereafter, the convening authority 
reduced the confinement and forfeitures to three months. 
You received a general discharge on 10 December 1959 by reason of 

convenience of the government due to general demobilization or 
reduction in authorized strength. 

Individuals discharged by reason of convenience of the government 
receive the type of discharge warranted by the service record. 
Character of service is based, in part, on conduct and 
proficiency averages which are computed from marks assigned 
during periodic evaluations.  Your conduct and proficiency 
averages were 3.6 and 4.0, respectfully.  A minimum average marks 
of 4.0 in conduct was required for a fully honorable character- 
ization at the time of your discharge. 

In its review of your application the Board carefully weighed all 
potentially mitigating factors such as your youth and immaturity 
and the fact that it has been nearly 40 years since you were 
discharged.  The Board noted your contentions to the effect that 
your misconduct was relatively minor and that the Marine Corps 
purposely exaggerated and trumped up charges in order to demean 
you as an African-American.  The Board concluded that the 
foregoing factors and contentions were insufficient to warrant 
recharacterization of your discharge given your record of two 
NJPs, three summary courts-martial convictions, and a special 
court-martial conviction.  Your contention that the Marine Corps 
demeaned you as an African-American is neither supported by the 
evidence of record nor by any evidence submitted in support of 
your application.  The Board believed that you were fortunate 
that you were allowed to complete your enlistment since most 
individuals with records such as yours are discharged under other 
than honorable conditions.  The Board concluded that the 
discharge was proper 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 



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