DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
ELP
Docket No. 186-99
22 July 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 21 July 1999.
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.
Your allegations of error and
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.
you had completed more than 19 months of service in the Naval
Reserve.
At the time of your enlistment,
The record reflects that you were advanced to PFC (E-2) and
served for 25 months without incident.
month period from September to December 1956 you received two
nonjudicial punishments (NJP) and were convicted by a summary
court—martial.
unauthorized absence totalling 19 days, disobedience, and failure
to obey a lawful order.
Your offenses consisted of two periods of
However, during the three
The convening authority approved the findings and
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.
sentence but reduced the confinement and forfeiture to three
months.
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.
Clemency
was denied and you received the bad conduct discharge on 13 May
1957.
On 25 March 1957 you waived your right to restoration to
However, the sentence was affirmed.
The Board noted your contentions that it is
In its review of your application the Board carefully weighed all
potentially mitigating factors such as your youth and immaturity,
limited education, regret for your actions, Naval Reserve
service, and the fact it has been more than 42 years since you
were discharged.
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 NJP5 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.
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.
were effected in accordance with applicable law and regulations,
and the discharge appropriately characterizes your service.
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
You conviction and discharge
The Board was not
The names and
It is regretted that the circumstances of your case are such that
favorable action cannot be taken.
Board reconsider its decision upon submission of new and material
evidence or other matter not previously considered by the Board.
You are entitled to have the
2
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
3
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