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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