DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS
Y
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 7097-99
29 June 2000
Your allegations of error and
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 28 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.
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 1 July
1958 at age 17.
The.record reflects that on 17 April 1959 you
were convicted by civil authorities of larceny, damaging city
property, failing to have a
driver's license, and improper use
of an operator's license.
The sentence imposed was a fine of
$233.
Subsequently, you received four nonjudicial punishments
and were convicted by a special court-martial.
included unauthorized absences totalling three days, stealing a
radio from a fellow Marine,
absence from your appointed place of
duty on three occasions,
On 10 August 1960 an administrative discharge board recommended
that you be separated with an undesirable discharge by reason of
unfitness.
After review by the discharge authority, the
recommendation for separation was approved and you were
discharged with an undesirable discharge on 26 August 1960.
In its review of your application the Board carefully weighed all
potentially mitigating factors,
such as your youth and immaturity
and failure to obey a lawful order.
The offenses
t
However, the Board concluded that
and good postservice conduct.
these factors were not sufficient to warrant recharacterization
of your discharge, given your frequent involvement with civilian
The Board especially noted the fact
and military authorities.
that you were the subject of a civil conviction and five
disciplinary actions within a period of less than three years.
Therefore, the Board concluded that your discharge was proper as
Accordingly, your application
issued and no change is warranted.
The names and votes of the members of the panel
has been denied.
will be furnished upon request.
It is regretted that the circumstances of your case are such that
favorable action cannot be taken.
Board reconsider its decision upon submission of new and material
evidence or other matter
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.
not-pr‘eviously considered by the Board.
You are entitled to have the
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
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