DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TRG
Docket No: 8395-00
25 July 2001
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10 of the 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 24 July 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, 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 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 August
1953 at age 17.
Prior to the offense for which you received the
bad conduct discharge, you were awarded nonjudicial punishment on
two occasions and were convicted by a
court-martial.
absence totaling about 20 days and disrespect.
A special
martial convened on 24 November 1954 and convicted you of an
unauthorized absence of about 47 days and disobedience.
The
court sentenced you to forfeiture of $55 pay per month for six
months, confinement at hard labor for six months and a bad
conduct discharge.
April 1955.
Your offenses were four periods of unauthorized
The bad conduct discharge was issued on 23
s ummary and a special
court-
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, limited
education, low score on the aptitude test and your claim that you
have been a good citizen for many years.
these factors and contentions were not sufficient to warrant
recharacterization of your discharge given your repeated
misconduct and especially the special court-martial conviction
for 47 days of unauthorized absence.
The Board concluded that
The Board found that
the discharge was proper as issued and no change is
warranted.
Accordingly, your application has been denied.
votes of the members of the panel will be furnished
The names and
upon request.
It is regretted that the circumstances of your case
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.
are such that
Sincerely,
W. DEAN PFEIFFER
Executive Director
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