DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
ELP
Docket No. 2531-01
15 October 2001
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.
considered your application on
Your allegations of error and injustice were
A three-member panel of the Board for Correction of Navy Records,
sitting in executive session,
11 October 2001.
reviewed in accordance with administrative regulations and
procedures applicable to the proceedings of this Board.
Documentary material considered by the Board consisted of your
together with all material submitted in support
application,
thereof, your naval record and applicable statutes, regulations
and policies.
After careful and conscientious consideration of the entire
record,
insufficient to establish the existence of probable material
error or injustice.
the Board found that the evidence submitted was
The record reflects that you were advanced to PFC
You enlisted in the Marine Corps on 2 January 1957 for four years
at age 17.
(E-2) and served for eight months without incident. However,
during the 12 month period from September 1957 to September 1958,
you received three nonjudicial punishments and were convicted by
a summary court-martial.
of unauthorized absence (UA) totaling about eight days and having
an unauthorized liberty card in your possession.
period, you were also convicted by civil authorities of attempted
car theft and placed on probation for a period of 12 months.
Your offenses consisted of four periods
During this
On 2 February 1959 you were convicted by special court-martial of
a 29 day period of UA,
You were sentenced to confinement at hard labor for two months
and forfeitures of $35 per month for two months.
from 16 December 1958 to 14 January 1959.
UAs and the conviction by civil authorities of an offense
On 24 February 1959 the commanding officer recommended that you
be discharged by reason of misconduct due to the frequency of
your
involving moral turpitude.
rights but declined to submit a statement in your own behalf. On
27 March 1959 you appeared before an administrative discharge
At that time,
board
be discharged as undesirable,
marital problems.
misconduct.
and directed an undesirable discharge.
8 April 1959 by reason of misconduct due to civil conviction.
and your troubles resulted from
The ADB recommended separation by reason of
The discharge authority approved the recommendation
you stated that you did not want to
You were advised of your procedural
(ADB).
You were so discharged on
The Board concluded that these factors were
and the fact that it has been more than 42 years since
In its review of your application the Board carefully weighed all
potentially mitigating factors such as your youth and immaturity,
limited education, your explanation of the circumstances which
led to your discharge,
your wife's statement, the letters of
reference,
you were discharged.
insufficient to warrant recharacterization of your discharge
given your record of three
NJPs, convictions by a summary
martial and a special court-martial, and a civil conviction of an
offense involving moral turpitude.
were guilty of too much misconduct in 27 months of service to
warrant recharacterization to honorable or under honorable
conditions.
proper and no change is warranted.
has been denied.
will be furnished upon request.
The Board thus concluded that the discharge was
The names and votes of the members of the panel
The Board concluded that you
Accordingly, your application
court-
It is regretted that the circumstances of your case are such
that favorable action cannot be taken.
the Board reconsider its decision upon submission of new and
material evidence or other matter not previously considered by
the Board.
presumption of regularity attaches to all official records.
Consequently,
record,
existence of probable material error or injustice.
the burden is on the applicant to demonstrate the
In this regard,
when applying for a correction of an official naval
it is important to keep in mind that a
You are entitled to have
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
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