DEPARTMENT OF THE NAV
Y
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAW ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 4806-99
28 June 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 21 June 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 29 May 1958
at the age of 17.
Your record reflects that you served for a
year and five months without incident, however, on 7 September
1960 you received nonjudicial punishment (NJP) for dereliction in
the performance of your duties and were awarded a reduction in
rate.
Your record also reflects that on 27 April 1961 you were
convicted by special court-martial (SPCM) of a 36 day period of
(UA) and absence from your appointed place
unauthorized absence
You were sentenced to confinement at hard labor for two
of duty.
paygrade E-l, and a $140 forfeiture of pay.
months, reduction to
On 21 July 1961 you were convicted by SPCM of a 19 day period of
UA and sentenced to confinement at hard labor for four months and
forfeitures totalling $200.
On 19 January 1962 you were convicted by SPCM of a 57 day period
of UA.
You were sentenced to confinement at hard labor for six
months and a $330 forfeiture of pay.
Your record further reflects that you were again convicted by
SPCM on 26 March 1963 of two periods of UA totalling 203 days and
You were sentenced to confinement at hard
breaking restriction.
forfeitures totalling $160, and a bad
labor for four months,
conduct discharge (BCD).
While in confinement, you requested
that the BCD be immediately executed.
approved at all levels of review and ordered executed.
September 1963 you received a BCD.
Subsequently, the BCD was
On 24
The Board also considered your contentions of
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 and your
narrative reason for separation changed to convenience of the
government.
discrimination, false accusations of homosexuality, and denial of
a hardship discharge and/or reassignment.
concluded these factors were not sufficient to warrant
recharacterization of your discharge or a change of your
narrative reason for separation given the serious nature of your
frequent and lengthy periods of UA.
Further, the Board noted
that there is no evidence in your record,
to support your contentions of discrimination, false accusations,
or denial of a hardship discharge or reassignment.
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
and you submitted none,
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
favorable action cannot be taken.
You are entitled to have 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.
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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