DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
ELP
Docket No. 676-01
21 May 2001
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 for the Board for Correction of Navy Records, sitting
in executive session, considered your application on 16 May 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 Navy on 28 March 1952 for a
minority enlistment at age 17. The record reflects that you served only
five months without incident. During the three month period from August to
November 1952, you received a nonjudicial punishment (NJP) and were
convicted by two summary courts-martial. Your offenses consisted of being
out of uniform and two periods of unauthorized absence (UA) totalling about
16 days.
On 24 December 1952 you were convicted by special court-martial of a 14 day
period of UA. You were sentenced to confinement at hard labor for two
months, forfeitures of $50 per month for two months, and a bad conduct
discharge. The Navy Board of Review affirmed the findings and the sentence
on 26 January 1953. Thereafter, you waived your right to request
restoration to duty and requested that the bad conduct discharge be
executed. You received the bad conduct discharge on 8 April 1953.
In its review of your application the Board carefully weighed all
potentially mitigating factors such as your youth and immaturity, limited
education, letters of reference and those from your wife and other
relatives, and the fact that it has been more than 47 years since you were
discharged. The Board noted your contentions that you served in Korea and
later in Vietnam with the Marine Corps. However, your Navy record shows no
evidence that you served in Korea but only at one duty station, Naval
Training Center, Bainbridge, MD. Whether you subsequently served in the
Marine Corps in Vietnam could not be determined since you provide no Marine
Corps service number or other evidence that would support such a claim. The
Board thus concluded that the foregoing factors and contentions were
insufficient to warrant recharacterization of your discharge given your
record of an NJP and convictions by two summary courts-martial and a
special court—martial. The Board concluded that this was too much
misconduct in only 13 months of service to warrant recharacterization to
honorable or under honorable conditions. 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 applicant to demonstrate the existence of probable
material error or injustice.
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
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