DEPARTMENT OF THE NAVY
BOARD FOF, CORRECTION OF
NA’lAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370 510
0
TJR
Docket No: 7016-00
11 June 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 Naval
Records, sitting in executive session, considered your
application on 5 June 2001..
injustice were reviewed in accordance with administrative
applicable to the proceedings of this
regulations and procedures
Documentary material considered by the Board consisted of
Board.
your application, together with all material submitted in support
and applicable statutes, regulations,
thereof, your naval record,
and policies
Your allegations of error and
.
After careful and conscientious
record,- the Board found the evidence
to establish the existence of probable material error or
injustice.
considlaration of the entire
s,Jbmitted was insufficient
The Board found you enlisted in the Marine Corps on 31 July 1959
Your record reflects that on 19 November 1959
at the age of 18.
you received nonjudicial punishment (NJP) for failure to obey a
lawful order and were awarded restriction for two weeks.
Approximately a year later,
convicted by civil authorities of second degree burglary and were
sentenced to confinement for two years,
suspended.
on 30 November 1960, you were
which was subsequently
convicted by special court-martial
On 6 January 1961 you were
(SPCM) of two periods of unauthorized absence (UA)
totalling 76
You were sentenced to confinement at hard labor for three
days.
months, a $55 forfeiture of pay, and reduction to
paygrade E-l.
On 16 February 19'61 you were notified of pending administrative
separation action by reason of misconduct due to the civil
At this time you waived your rights to consult with
conviction.
legal counsel, present your case to an administrative discharge
board, or to submit a statement in rebuttal to the discharge. On
3 March 1961 your commanding officer recommended you be issued an
other than honorable discharge by reason of misconduct due to
civil conviction.
directed an other than honorable discharge by reason of
misconduct, and on 29 March 1961 you were so discharged.
On 15 March 1961 the discharge authority
The Board, in its review of your entire record and application,
carefully weighed all potentially
mit:_gating factors, such as
and your contention that you were
your youth and immaturity,
subjected to prejudicial treatment.
these factors and contention were not sufficient to warrant
recharacterization of your discharge because of the serious
nature of your repetitive misconduct
civilian communities.
record, and you submitted none,
prejudice.
concluded your discharge was proper
warranted.
:Ln both the military and
Further, there is no evidence in your
to support your contention of
Given all the circumstances of your case, the Board
as issued and no change is
However, the Board concluded
Accordingly, your
applica,:ion has been denied.
The names and votes of the members of the panel will be furnished
upon request.
It is regretted that the circumstance,: 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
previous.Ly considered by the Board.
evidence or other matter not
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
Ior injustice.
Sincerely,
w. DEAN PFEIFFER
Exazutive Director
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