DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAW ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 2060-00
31 August 2000
Dear
This is in reference to your
naval record pursuant to the
States Code, Section 1552.
application for correction of your
provisions of Title 10, United
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 29 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.
Your record reflects that on 3 May 1956
The Board found you enlisted in the Marine Corps on 13 January
1956 at the age of 18.
you received nonjudicial punishment (NJP) for unauthorized
possession of a liberty card and were awarded restriction
weeks.
martial (SCM) of disrespect.
paygrade E-l, confinement at hard labor for 15 days, and a $25
forfeiture of pay.
for two
court-
You were sentenced to reduction to
On 18 December 1956 you were convicted by summary
Your record further reflects that during the period from 29
January to 25 July 1957 you received NJP on six occasions for two
periods of absence from your appointed place of duty, three
incidents of failure to obey a lawful order, and failure to go to
your appointed place of duty.
On 3 January 1959 you received NJP for failure to go to your
appointed place of duty.
Shortly
paygrade E-l, which was suspended for three months.
thereafter, on 27 February 1959, you were convicted by SCM of
The punishment imposed was reduction to
-
absence from your appointed place of duty and were sentenced to
hard labor for 35 days.
suspended punishment awarded at the 3 January 1959 NJP was
vacated due to your continued misconduct.
On 11 December 1959
you received your ninth NJP for failure to obey a lawful order.
The punishment imposed was restriction for two weeks.
Subsequently, on 4 March 1959, the
On 27 January 1960, at the expiration of your enlistment, you
were released from active duty under honorable conditions.
Upon
completion of your military obligation, you received a general
discharge.
Character of service is based, in part, on conduct and overall
trait averages which are computed from marks assigned during
periodic evaluations.
of 4.0 in conduct was required at the time of your separation for
a fully honorable characterization of service.
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 would like
However, the Board
your discharge upgraded to fully honorable.
concluded these factors were not sufficient to warrant a change
in your discharge given your frequent misconduct, which resulted
in nine
NJPs and two court-martial convictions, and since your
conduct average was insufficiently high-to warrant an honorable
discharge.
Given all the circumstances of your case, the Board
concluded your discharge was proper 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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