DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
ELP
Docket No.
7 January 2002
2801-01
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
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,
3 January 2002.
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
3 February 1956 for four years at age 17.
that you served seven months without incident.
the 15 month period from September 1956 to December 1957, you
received four nonjudicial punishments (NJP) for throwing a chair
cushion at another Marine, wearing an improper uniform at
inspection, and two periods of unauthorized absence
(UA)
totalling about eight days.
The record reflects
However, during
-_
On 27 January 1958 you were convicted by
On 9 December 1957 you were apprehended by civil authorities on a
charge of burglary.
civil authorities, in accordance with your plea, of second degree
burglary.
civilian attorney.
three years and you were placed on probation for that period, but
you were confined during the first 60 days of probation and you
were ordered to pay $270 in restitution.
The maximum sentence
The record reflects that you were represented by a
Imposition of sentence was suspended for
for the crime of which you were convicted, under the California
State Penal Code, was from 1 to 15 years in prison.
On 31 January 1958 the commanding officer recommended an
undesirable discharge by reason of misconduct due to civil
conviction.
You were notified that you were being recommended
for such a discharge and declined to submit a statement in your
own behalf.
to consider the recommendation for discharge.
recommended separation with an undesirable discharge due to your
conviction by civil authorities.
approved the board's recommendation and directed an undesirable
discharge.
You were so discharged on 4 March 1958.
On 17 February 1958 a board of officers was convened
The discharge authority
The board
The Board concluded that the foregoing factors and
In its review of your application the Board carefully weighed all
potentially mitigating factors such as your youth and immaturity,
limited education, low test scores, need for veterans" medical
benefits, and the fact that it has been nearly 46 years since you
were discharged.
The Board noted your contentions to the effect
that you got mixed up with the wrong people, you did not know
what was happening because you were drunk, the Navy lawyer gave
you no assistance and did not offer to represent you in the
matter, and you should receive the same clemency consideration
that was afforded under the administrations of Presidents Ford
and Carter.
contentions were insufficient to warrant recharacterization of
your discharge given your record of four
NJPs and the serious
nature of the offense of which you were convicted by civil
authorities.
Concerning your contention that you received no
assistance or representation by the Navy, the Board noted that
Navy lawyers are prohibited from representing military personnel
involved in civil criminal proceedings.
regarding pardons and amnesty that were granted under the Ford
and Carter administrations applied only to deserters and draft
evaders during the Vietnam era from August 1964 to March 1973.
Further, the pardons and clemency discharges that were issued at
that time did not provide entitlement to veterans" benefits.
Your need for such benefits does not provide a valid basis for
recharacterizing service.
was proper and no change is
application has been denied.
of the panel will be furnished upon request.
The Board concluded that the discharge
wgrranted.
The names and votes of the members
Accordingly, your
Your contention
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. In this regard, it is important to keep in mind that a
presumption of regularity attaches to all official records.
You are entitled to have
2
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
copy to:
The American Legion
3
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