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 NAVY ANNEX
WASHINGTON DC 20370-5100
ELP
Docket No. 186-99
22 July 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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 21 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 3 August
1954 for three years at age 18. At the time of your enlistment,
you had completed more than 19 months of service in the Naval
Reserve.
The record reflects that you were advanced to PFC (E-2) and
served for 25 months without incident. However, during the three
month period from September to December 1956 you received two
nonjudicial punishments (NJP) and were convicted by a summary
court-martial. Your offenses consisted of two periods of
unauthorized absence totalling 19 days, disobedience, and failure
to obey a lawful order.
On 13 February 1957, you were convicted by special court-martial
of desertion from 28 December 1956 to 1 February 1957. You were
sentenced to confinement at hard labor for six months,
forfeitures of $44 per month for six months, and a bad conduct
discharge. The convening authority approved the findings and
sentence but reduced the confinement and forfeiture to three
months. On 25 March 1957 you waived your right to restoration to
duty and requested execution of the bad conduct discharge.
Thereafter, the Navy Board of Review approved only a finding that
found you guilty of unauthorized absence from 28 December 1956 to
1 February 1957. However, the sentence was
was denied and you received the bad conduct
1957.
affirmed . Clemency
discharge on 13 May
carefully weighed all
youth and immaturity,
Na-1 Reserve
42 years since you
In its review of your application the Board
potentially mitigating factors such as your
limited education, regret for your actions,
service, and the fact it has been more than
were discharged. The Board noted your contentions that it is
unjust for your to continue to suffer the adverse effects of the
bad conduct discharge, you would not receive the same type of
discharge under current standards, the punitive discharge was
unfair since you were so close to finishing your enlistment, and
personal problems and being newly married caused you to make bad
decisions. The Board concluded that the foregoing factors and
contentions were insufficient to warrant recharacterization of
your discharge given your record of two NJPs and the convictions
by a summary court-martial and special court-martial. The Board
noted the aggravating factor that you waived your right to
restoration to duty, the one opportunity you had to earn a
discharge under honorable conditions. The Board was not
persuaded that under current standards that you would not receive
a bad conduct discharge with your record. The fact that you had
nearly completed your enlistment is without merit since you would
have had to serve more than three months beyond the expiration of
your enlistment to make up for lost time due to unauthorized
absence and military confinement. You conviction and discharge
were effected in accordance with applicable law and regulations,
and the discharge appropriately characterizes your service.
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.
I n t h i s regard, it i s i m p o r t a n t t o keep i n mind t h a t a
presumption o f r e g u l a r i t y a t t a c h e s t o a l l o f f i c i a l r e c o r d s .
Consequently, when a p p l y i n g f o r a c o r r e c t i o n of a n o f f i c i a l n a v a l
r e c o r d , t h e burden i s on t h e a p p l i c a n t t o d e m o n s t r a t e t h e
e x i s t e n c e o f p r o b a b l e material e r r o r o r i n j u s t i c e .
S i n c e r e l y ,
W. DEAN PFEIFFER
E x e c u t i v e D i r e c t o r
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