DEPARTMENT OF THE NAVY
BOARD FOR
CORRECTl+d OF NAVAL RECORDS
2
NeVY ANNEX
WASHINGTON. DC 20370-5100
TJR
Docket No: 595-01
18 July 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 10 July 2001.
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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
The Board found you enlisted in the Marine Corps on 14 March 1956
at the age of 17.
Your record reflects that on 25 October 1956
you were convicted by summary court-martial (SCM) of a two day
period of unauthorized absence
You were sentenced to
confinement at hard labor for 15 days and a $30 forfeiture of
Nearly a year later, on 3 October 1957, you were convicted
pay.
by SCM of five incidents of absence from your appointed place of
(UA).
duty and were sentenced to confinement at hard labor for 30 days
and a $50 forfeiture of pay.
pay.
Your record further reflects that during the period from 11 March
to 10 July 1958 you received nonjudicial punishment (NJP) on four
occasions for absence from your appointed place of duty,
disobedience, two incidents of failure to go to your appointed
place of duty, and failure to obey a lawful order.
1958 you were convicted by SCM of two incidents of failure to go
to your appointed place of duty.
confinement at hard labor for a month and a $70 forfeiture of
After consulting with legal counsel you waived your
On 29 August 1958 you were notified of pending administrative
separation action by reason of unfitness due to repeated
misconduct.
right to submit a statement in rebuttal to the discharge.
August 1958 your commanding officer recommended immediate
separation by reason of unfitness due to repeated disciplinary
infractions and commission of serious offenses as evidenced by
the four
administrative discharge board also recommended you be issued an
On 25
other than honorable discharge by reason of unfitness.
September 1958 the discharge authority directed an undesirable
discharge by'reason of unfitness, and on 2 October 1958 you were
so discharged.
NJPs and three court-martial convictions. An
On 29
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity and your contention that you were not
absent without leave, but rather that your liberty card was not
properly processed.
were not sufficient to warrant recharacterization of your
discharge because of the serious nature of your repetitive
misconduct which resulted in four
convictions.
submitted none, to support your contention.
circumstances of your case, the Board concluded your discharge
Accordingly,
was proper as issued and no change is warranted.
your application has been denied.
NJPs and three court-martial
there is no evidence in the record, and you
However, the Board concluded these factors
Given all the
Also,
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
t
2
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