Y
DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 1808-00
25 August 2000
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 9 August 2000.
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 30 September
1952 at the age of 18.
Your record reflects that you served for
two years without disciplinary incident but on 4 October 1954 you
were convicted by summary court-martial (SCM) of attempted
wrongful appropriation of property valued at $250 and drunk and
You were sentenced to confinement at hard
disorderly conduct.
labor for a month.
You were sentenced to confinement at hard labor
Your record further reflects that on 22 February 1955 you were
convicted by SCM of absence from your appointed place of duty and
disobedience.
for 30 days, a $60 forfeiture of pay, and reduction to
E-l.
(SPCM) of three periods of absence from your appointed place of
duty, failure to obey a lawful order,
You were sentenced to a $260 forfeiture of pay, confinement at
hard labor for four months,
paygrade
On 8 June 1955 you were convicted by special court-martial
and wrongful appropriation.
and a bad conduct discharge
(BCD)-.
On two occasions, while in confinement, you requested restoration
to duty.
September 1955 you requested immediate execution of the BCD.
The BCD was approved at all levels of review and ordered
executed.
However, both of these requests were denied.
On 26
On 27 October 1955 you received a BCD.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity, good post service conduct, and your
contention that you would like your discharge upgraded.
The
Board also considered your contention that your discharge was the
result of your drinking problem.
However, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge given the serious nature of your frequent
misconduct, which resulted in three court-martial convictions.
Given all the circumstances of your case, the Board concluded
your discharge was proper as issued and no change is warranted.
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
You are entitled to have the
favorable action cannot be taken.
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
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