DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
TJR
Docket No: 4036-01
21 November 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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 14 November 2001.
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, and applicable statutes, regulations, and policies.
Board was unable to obtain your service record and conducted its
review based on the decisional document prepared by the Naval
Discharge Review Board.
Your allegations of error and
The
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 10 May 1961
The Board found you enlisted in the Marine Corps on 30 December
1960 at the age of 18.
you were convicted by summary court-martial (SCM) of a 20 day
period of unauthorized absence (UA) and sentenced to confinement
at hard labor for 30 days,
a $50 forfeiture of pay.
by special court-martial (SPCM) of a 42 day period of UA and
disobedience.
for four months and a $200 forfeiture of pay.
a portion of which was suspended, and
On 29 November 1961 you were convicted
You were sentenced to confinement at hard labor
Your record further reflects that on 16 March 1962 you began a
period of UA that was not terminated until 27 April 1962 when you
were apprehended by civil authorities and charged with interstate
transportation of a stolen automobile.
convicted by of this offense in civil court and sentenced to
confinement for four to six years in accordance with the Federal
Youth Corrections Act.
On 8 May 1962 you were
On 1 June 1962, while in custody of civil authorities, you were
notified of pending administrative separation action by reason of
misconduct due to civil conviction.
rights to consult with legal counsel,
administrative discharge board,
On 2 July 1962 your commanding officer
to the discharge.
recommended an other than honorable discharge by reason of
misconduct.
On 6 July 1962 the discharge authority approved the
or submit a statement in rebuttal
At that time you waived your
present your case to an
discharge by reason of-misconduct due to conviction by civil
p authorities,
and on 10 August 1962 you were so discharged.
; foregoing recommendation and
directed an other than honorable
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity.
factors were not sufficient to warrant recharacterization of your
discharge because of the serious nature of your misconduct in
both the military and civilian communities.
circumstances of your case,
was proper as issued and no change is warranted.
your application has been denied.
the Board concluded your discharge
Accordingly,
However, the Board concluded these
Given all the
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
2
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