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
CRS
Docket No: 95-99
27 May 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 26 May 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 5
September 1957 at age 17. Your record reflects that you received
four nonjudicial punishments and were convicted by a summary
court-martial and a special court-martial. The offenses included
an unauthorized absence of a day, stealing military pay
certificates valued at $42, failure to obey a lawful order on
three occasions, and absence from your appointed place of duty.
Subsequently, on 19 April 1960 you were convicted by civil
authorities of forging an identification card and a liberty card
and altering a military discharge certificate. You were
sentenced to confinement from four months to four years.
On 31 May 1960 the commanding officer recommended that you be
separated with an undesirable discharge by reason of misconduct
based on the civil conviction. After review by the discharge
authority, the recommendation was approved and you were separated
with an undesirable discharge on 20 June 1960.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and immaturity
and the contention that you were wrongfully arrested. However,
the Board concluded that these factors were not sufficient to
warrant recharacterization of your discharge, given the
seriousness of the offenses. Additionally, you have provided no
evidence to support the contention that you were wrongfully
arrested and, even if you had such evidence, it would be more
appropriate to present it to the civil authorities. Therefore,
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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