DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
ELP
Docket No. 1086-01
29 June 2001
GD
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 Navy Records,
sitting in executive session, considered your application on
27 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.
You enlisted in the Marine Corps on 9 August 1951 for three years
at age 20. The record reflects that you were advanced to PFC
(E-2) and served without incident until 23 May 1952, when you
were convicted by special court-martial of a 73 day period of
unauthorized absence (UA) and missing movement. You were
sentenced to confinement at hard labor for five months,
forfeitures of $50 per month for five months, reduction in rank
to PVT (E-1), and a bad conduct discharge. The Navy Board of
Review affirmed the findings and the sentence on 11 September
1952 and you were released from confinement on 30 September 1952.
The record further reflects that you went UA again for a period
of 21 days from 10-31 October 1952. No disciplinary action is
shown in the record for this period of UA. You received the bad
conduct discharge on 3 January 1953.
In its review of your application the Board carefully weighed all
potentially mitigating factors such as your youth and immaturity,
limited education, and the fact that it has been more than 48
years since you were discharged. The Board noted your conten-
tions to the effect that you did well during the first months of
service, but when you learned that your brother was dying from
cancer, you wanted out of the service. The Board concluded that
the foregoing factors and contention were insufficient to warrant
recharacterization of your discharge given your conviction
special court-martial of a two-month period of UA which was
terminated only by your apprehension. The Board further noted
that your misconduct occurred during the Korean conflict. You
have provided no corroborating evidence in support of your
contentions. Your conviction and discharge were effected in
accordance with applicable law and regulations and the discharge
appropriately characterizes your service. 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
NAVY | BCNR | CY2001 | 05355-01
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 Navy Board of Review affirmed the findings and Thereafter, you were not recom- On 30 April 1952 you received a third NJP for two periods of UA from 14-22 March and 29 March to 3 April 1952. bad conduct discharge on 5 May 1952. concluded that the foregoing factors and contentions...
NAVY | BCNR | CY2001 | 00676-01
A three—member panel for the Board for Correction of Navy Records, sitting in executive session, considered your application on 16 May 2001. You were sentenced to confinement at hard labor for two months, forfeitures of $50 per month for two months, and a bad conduct discharge. 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 | CY2002 | 07134-00
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 record further reflects that on 19 May 1954 you were convicted by summary court-martial (SCM) of an eight day period of UA and sentenced to hard labor for 15 days, a $10 forfeiture of On 9 September 1954, while in a UA status, you were apprehended by civil authorities for temporary...
NAVY | BCNR | CY2000 | 06703-00
A three—member panel for the Board for Correction of Navy Records, sitting in executive session, considered your application on 16 May 2001. The record reflects that you were advanced to SA (E-2) and received the Korean Service Medal for service on board USS JUNEAU (CLkA-119) from 5 September to 17 October 1952. On 18 June 1954 the commanding officer recommended discharge by reason of unfitness and stated that on 7 June 1954 an administrative discharge board (ADB) had thoroughly reviewed...
NAVY | BCNR | CY2001 | 01439-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 August 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Documentary material considered by the Board consisted of Board. court- martial (SPCM) of disobedience and a day of unauthorized absence (UA) month, a $50 forfeiture of pay, - You were sentenced to confinement at hard labor for...
NAVY | BCNR | CY2001 | 07933-00
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 April 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. On 29 July 1952 you submitted a written request for an undesirable discharge in order to avoid trial by court-martial for participating in homosexual acts. Your request was granted on 16 August 1952 and as a result...
NAVY | BCNR | CY2001 | 03787-01
Thereafter, the discharge authority approved the request and directed an undesirable discharge and you were so discharged on 26 February 1970. Board concluded that the foregoing factors were insufficient to warrant recharacterization of your discharge given your record of three NJPs, convictions by a summary and a special court-martial, and the fact that you accepted discharge rather than face trial by court-martial for a 31-day period of UA. Consequently, when applying for a correction of...
NAVY | BCNR | CY2001 | 04154-01
months later, on 2 and 9 May 1967, you received NJP for a two day period of unauthorized absence (UA) and breaking restriction. Approximately five Your record further reflects that on 16 January 1968 you were convicted by SPCM of four periods of UA totalling 155 days. Board concluded these factors and contention were not sufficient to warrant a correction of your naval record given your seven periods of UA totalling 166 days and your three periods of confinement which that your...
NAVY | BCNR | CY2002 | 03302-99
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. Consequently, when applying for a correction of an official...
NAVY | BCNR | CY2010 | 03878-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 April 2010. On 7 January 1953, you were convicted by SPCM of an 18 day period of UA from your unit. 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.