DEPARTMENT OF
THE: NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC
2037C-5100
CRS
Docket No: 990-01
6 June 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 of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 6 June 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 15
January 1958 at age 17.
The record reflects that you received
three nonjudicial punishments.
unauthorized absence of a day, dereliction of duty, and absence
from your appointed place of duty.
A special court-martial convened on 16 June 1960 and you were
found guilty of stealing $119 from a fellow Marine.
sentenced you to confinement at hard labor for six months,
forfeitures of $55 per month for six months, reduction in pay
grade, and a bad conduct discharge.
discharge on 9 November 1960.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and
However, the Board concluded that these factors were
immaturity.
not sufficient to warrant recharacterization of your discharge
due to the fact that during a period of less than three years,
you were the subject of four disciplinary actions, including the
You received the bad conduct
The offenses included an
The court
fe:tlow Marine.
Accordingly, your application has been denied.
serious offense of stealing from a
Based on the
foregoing, the Board concluded that no change to the discharge is
warranted.
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.
Board reconsider its decision upon submission of new and material
evidence or other matter not
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 the
previous:ty considered by the Board.
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
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