DEPARTMENTOFTHE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
ELP
Docket No. 4983-01
14 September 2001
Dear
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 Navy Records,
sitting in executive session,
12 September 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
application, together with all material submitted in support
thereof, your naval record and applicable statutes, regulations
and policies.
Your allegations of error and injustice were
considered your application on
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 record reflects during the six month period
You enlisted in the Marine Corps on 18 March 1953 for six years
as a PFC (E-2).
from April to September 1953 you received two nonjudicial
punishments
(NJP) and were convicted by a summary court-martial.
Your offenses consisted of an 11 hour period unauthorized absence
WA), drunkenness, and two periods of UA totaling about 22 days.
Thereafter, you served without further incident and were promoted
to SGT (E-5).
During your trial, evidence in extenuation and
On 25 July 1958 you were convicted by general court-martial of a
708 day period of UA, from 9 July 1956 to 17 June 1958.
sentenced to confinement at hard labor for one year, total
forfeitures, reduction in rank to PVT (E-l), and a dishonorable
discharge.
mitigation was presented to the effect that you tried to get a
humanitarian transfer, but were denied;
Japan on leave you found your wife had taken the children and was
living with another man; you requested and were granted a 15 day
extension on your leave because you did not know what to do and
needed more time for legal matters;
leave, you and were afraid to go back to your command.
when you got home from
You were
and after you overstayed your
c
On 25 November 1958 the Navy Board of Review approved the
findings and sentence but mitigated the discharge to a bad
Thereafter, you waived the right to request
conduct discharge.
restoration to duty and requested that the bad conduct discharge
be executed.
You received the bad conduct discharge on 24 April
1959.
In its review of your application the Board carefully weighed all
potentially mitigating factors such as your limited education,
deprived family background on a Native American reservation, low
test scores, letters of reference, and the fact that it has been
more than 42 years since you were discharged.
The Board noted
your contention to the effect that marital problems and alcohol
abuse were contributing factors in the prolonged period UA which
led to your general court-martial conviction and bad conduct
discharge.
However, the Board concluded that the foregoing
factors and contention were insufficient to warrant
ization of the discharge given your record of two
NJPs and
convictions by a summary court-martial and a general
court-
martial.
your poor family background and marital problems during the
presentation of evidence in mitigation and extenuation.
provided no evidence of any circumstance which prevented you from
returning from UA earlier than you did.
were afraid or that you had no money to get back to base are
without merit.
accord-ante with applicable law and regulations.
concluded that nearly two years of UA was too much UA to warrant
recharacterization to honorable or under honorable conditions.
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon request.
The Board noted the general court-martial considered
The contentions that you
Your conviction and discharge were effected in
The Board
recharacter-
You have
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.
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.
You are entitled to have
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
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