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NAVY | BCNR | CY1998 | 08438-98
Original file (08438-98.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 NAW ANNEX 

WASHINGTON DC  20370-5100 

ELP 
Docket No.  8438-98 
12 April  1999 

Dear 

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 7 April 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 31 March 
1954 for three years at age 20.  The record reflects that you 
were advanced to PFC  (E-2) in January 1955 but were 
administratively reduced in rank due to incompetence on 
28 November 1955.  You served during the next two months without 
incident.  However, during the 11 months period from January to 
November 1956 you received three nonjudicial punishments  (NJP) 
and were convicted by a summary court-martial and a special 
court-martial.  Your offenses consisted of two periods of 
unauthorized absence  (UA) totalling about 28 days, two instances 
of failure to go to your appointed place of duty, and breaking 
restriction. 

On 17 January 1957 you were convicted by civil authorities on a 
charge of possession of alcohol as a minor.  You received a 30 
day suspended sentence and a fine of $25. 

On 19 February 1957, you were convicted by special court-martial 
of two periods of UA from 23 January to 8 February and 9-10 
February 1957, and breaking restriction.  You were sentenced to 
confinement at hard labor for three months, forfeitures of $65 

per month for three months, and a bad conduct discharge.  The 
staff judge advocate noted in his review of the court-martial 
that the defense counsel made an unsworn statement in mitigation 
to the effect that your father had been involved in an automobile 
accident which caused the death of another person.  As a result, 
he was sentenced to a year in prison and your mother had to move 
in order to earn a living.  The Navy Board of Review affirmed the 
findings and the sentence on 3 April 1957.  Thereafter, you 
requested remission of the discharge and restoration to duty. 
However, you were considered a poor risk for restoration due to 
your past disciplinary record and restoration was not 
recommended-  On 17 April  1957 the Commandant of the Marine Corps 
recommended to the Secretary of the Navy  that you receive the 
awarded discharge upon completion of confinement.  The unexecuted 
portion of the sentence to confinement was remitted on 27 April 
1957.  You received a fourth NJP for failure to obey a lawful 
order on 16 May  1957 and received the bad conduct discharge on 
31 May 1957. 

In its review of your application the Board carefully weighed all 
potentially mitigating factors such as your youth and immaturity, 
limited education, good post-service conduct, regret for your 
actions, letters of reference, and your wife's  letter.  The Board 
also noted your contention that your parents were in an 
automobile accident at the time and your requests for leave were 
denied.  The Board concluded that the foregoing facts and 
contention were insufficient to warrant recharacterization of 
your discharge given your record of four NJPs, the convictions by 
a summary court-martial and two special courts-martial, and the 
civil conviction.  While your contention is partially supported 
by the unsworn statement during your court-martial, the Board 
noted that the court apparently was not convinced the automobile 
accident of your father justified breaking restriction and two 
periods of UA totalling about 17 days.  Your contention that 
leave requests were denied is not supported by any evidence in 
the record or by any evidence submitted in support of your 
application.  Your conviction and discharge were effected in 
accordance with applicable law and regulations, and the discharge 
appropriately characterizes your service.  The Board thus 
concluded 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  c o r r e c t i o n   of  an  o f f i c i a l   naval 
record,  t h e   burden  i s  on  t h e   a p p l i c a n t   to  demonstrate  t h e  
e x i s t e n c e   of  probable  material  error  or  i n j u s t i c e .  

S i n c e r e l y ,  

W .   DEAN  PFEIFF'ER 
Executive  Director 



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