DEPARTMENT OF THE NAVY
B O A R D F O R C O R R E C T I O N O F N A V A L R E C O R D S
2 N A V Y A N N E X
W A S H I N G T O N D C 2 0 3 7 0 - 5 1 0 0
CRS
Docket No: 3431-00
8 March 2001
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 March 2001. 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 26
October 1951 at age 20. A general court-martial convened on 12
February 1953 and found you guilty of an unauthorized absence of
241 days, from 14 January to 15 September 1952. The court
sentenced you to confinement at hard labor for 18 months,
forfeiture of all pay and allowances, reduction in pay grade, and
a dishonorable discharge. On 10 August 1953 the Naval Clemency
Board changed the discharge to a bad conduct discharge. You.
received the bad conduct discharge on 1 December 1953.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and immaturity
and good postservice conduct. However, the Board concluded that
these factors were not sufficient to warrant recharacterization
of your discharge given your unauthorized absence of about eight
months during the Korean Conflict. Based on the foregoing, 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 applicdnt to demonstrate the
existence of probable material error or injustice.
Sincerely,
W. DEAN PFEIFFER
Executive Director
NAVY | BCNR | CY2000 | 06666-00
A three-member panel for the Board for Correction of Navy Records, sitting in executive session, considered your application on 7 March 2001. 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. However, on 18 March 1959, you waived your right to request restoration to duty and requested that the bad conduct discharge be executed.
NAVY | BCNR | CY2001 | 08270-01
A three-member panel of the Board for Correct:~on of Naval Records, sitting in executive session, considered your application on 8 May 2002. 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. The Board concluded that these factors were insufficient to warrant recharacterization of your discharge given your record of four NJP's, three...
NAVY | BCNR | CY2001 | 08725-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 June 2002. He stated that he had been taking lfyellow jackets" since being in the navy for 3-1/2 years. On 23 July 1954 you were notified of pending administrative separation action by reason of unfitness.
NAVY | BCNR | CY2002 | 07212-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 January 2003. However, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge due to the fact that your unauthorized absences totalled more than six months. ~onsequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material...
NAVY | BCNR | CY2002 | 10888-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 May 2003. 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. The Board found that these factors and contentions were not sufficient to warrant recharacterization of your discharge given your...
NAVY | BCNR | CY2001 | 06041-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 April 2002. On 21 February 1978 you received nonjudicial punishment for drinking in a government vehicle. 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.
NAVY | BCNR | CY2001 | 06213-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 April 2001. The Board noted that it has no authority to take any action which would affect the finality of your conviction by special court-martial, and that its authority in this case is limited to correcting your record as a matter of clemency. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to...
NAVY | BCNR | CY1999 | 00186-99
You were sentenced to confinement at hard labor for six months, forfeitures of $44 per month for six months, and a bad conduct discharge. 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.
NAVY | BCNR | CY2000 | 06969-00
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 March 2001. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2001 | 07488-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 April 2002. Your record reflects that on 21 August 1982 you began a period of unauthorized absence (UA) that was not terminated until you were apprehended by civil authorities on 9 April 1985. 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.