DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
ELP
Docket No. 508-01
29 November 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.
Your allegations of error and injustice were
A three-member panel of the Board for Correction of Navy Records,
sitting in executive session,
28 November 2001.
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.
considered your application on
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 reenlisted in the Marine Corps on
15 November 1958 for six years as a CPL (E-4).
At the time of
your reenlistment, you had completed more than two years of prior
Your medical record indicates that in September
active service.
1958 you contracted infectious hepatitis while in Lebanon.
You
were returned to the United States and hospitalized from 5-24
October 1958.
of this disease.
The medical record does not reflect any recurrence
You served without incident until 13 December 1961 when you were
a lawful
convicted by summary court-martial of failure to obey
order to turn in your liberty card.
You were sentenced to one
month of restriction.
On 14 March 1962, you were convicted by general court-martial of
failure to obey a lawful general order by having more than one
liberty card; three specifications of selling government property
(225 bed sheets valued at $369.25);
three specifications of
two specifications of breaking
You were sentenced to confinement at hard labor
larceny (the 225 bed sheets);
restriction; and possession of a liberty card belonging to
another Marine.
for 18 months, forfeitures of $50 per month for 18 months,
reduction in rank to PVT (E-l),
and a bad conduct discharge. On
28 March 1962 the convening authority reduced the hard labor and
forfeitures to eight months.
The Navy Board of Review affirmed
the findings and the sentence on 26 April 1962 and the Court of
Military Appeals denied a petition for review on 11 July 1962.
Thereafter, you requested suspension of the punitive discharge
and restoration to duty.
did not recommend clemency or restoration to duty given the
seriousness of the offenses of which you were convicted and your
attitude toward authority.
to duty were denied and you received the bad conduct discharge on
27 September 1962.
However, the Navy Disciplinary Command
Accordingly, clemency and restoration
The Board noted
In other words, your claim that
In its review of your application the Board carefully weighed all
potentially mitigating factors such as your youth and immaturity,
prior honorable service, letters of reference, and the fact that
it has been 40 years since you were discharged.
your contentions to the effect that the military owed you
something because you contracted hepatitis, you pled guilty in
accordance with a pre-trial agreement on the advice of counsel,
the sentence was too harsh,
and you have paid your debt to
society.
The Board is prohibited by law from reviewing the
findings of a court-martial and must restrict its review of
determining if the sentence of the court-martial should be
reduced as a matter of clemency.
counsel gave you bad advice to plead guilty cannot be considered
by the Board because that is the purpose of an appeal.
records contained no evidence of a pre-trial agreement.
it appeared to the Board that the convening authority gave you
due consideration when he reduced the confinement and forfeitures
from 18 months to eight months.
The Board concluded that there
was no connection between the hepatitis and the offenses which
resulted in your conviction and discharge.
Additionally, since
you contracted hepatitis on your first enlistment, it appears to
the Board that you are eligible for medical benefits from the
Department of Veterans Affairs.
agency for any determination on your entitlement to benefits.
The Board also concluded that the sentence of the general
martial was not overly harsh,
were convicted.
Your conviction and discharge were effected in
accordance with applicable law and regulations and the discharge
appropriately characterizes your second period of service.
Board thus concluded that the discharge was proper and no
clemency is warranted.
Accordingly, your application has been
denied. The names and votes of the members of the panel will be
furnished upon request.
However, you should contact that
court-
given the offenses of which you
Available
However,
The
2
It is regretted that the circumstances of your case are such
that favorable action cannot be taken.
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.
You are entitled to have
Sincerely,
W. DEAN PFEIFFER
Executive Director
3
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