DEPARTMENT OF THE NAVY
B O A R D F O R C O R R E C T I O N O F N A V A L R E C O R D S
2 N A V Y A N N E X
W A S H I N G T O N D C 2 0 3 7 0 - 5 1 0 0
TJR
Docket No: 8725-01
14 June 2002
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 11 June 2002. Your allegations of error and
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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Marine Corps on 17 March 1951 at the age of
18. You served for a year and two months without disciplinary
incident but on 8 May and again on 10 June 1952 you received
nonjudicial punishment (NJP) for a day of unauthorized absence
(UA) and failure to go to your appointed place of duty.
On 4 February 1953 you received NJP for absence from your
appointed place of duty and were awarded extra duty for two
weeks. On 9 July 1953 you were convicted by summary court-
martial (SCM) of disobedience and disrespect. You were sentenced
to confinement at hard labor for 20 days and a $50 forfeiture of
Pay
On 10 May 1954 you received your fourth NJP for absence from your
appointed place of duty and were awarded extra duty for eight
hours. On 27 June 1954, after undergoing a medical examination,
you were diagnosed with acute barbiturate poisoning. The medical
officer's narrative summary stated, in part, as follows:
(Member) admitted to hospital with the diagnosis: addiction,
barbiturate. It was learned-that he had returned to his
ship and sent to sick bay in a stupor. He stated that he
had been taking lfyellow jackets" since being in the navy for
3-1/2 years. He related that he had purchased 8-to-10
llyellow jackets" for approximately $2 while in town and took
them all "for kicks." He insists this is the first time
that he has ever taken l'yellow jackets," however, he readily
admits to using marijuana and "red birdsv1 over a 3-1/2-to-4
year period. The only complaint which was elicited from
him was that the Navy bothers him and that he wants to go
home.
On 23 July 1954 you were notified of pending administrative
separation action by reason of unfitness. After consulting with
legal counsel you waived your right to submit a statement in
rebuttal to the separation. Your commanding officer recommended
separation by reason of unfitness as evidenced by your periods of
absences, drug addiction, and your unwillingness to take orders
and observe regulations.
discharge board in the Bureau of Naval Personnel recommended an
undesirable discharge by reason of unfitness. Subsequently, the
discharge authority approved the recommendation and directed an
undesirable discharge. On 27 August 1954 you were so discharged.
On 8 August 1954 an administrative
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity, post service conduct and your
contention that you proudly served during the Korean War.
Nevertheless, the Board concluded these factors and contention
were not sufficient to warrant recharacterization of your
discharge given the serious nature of your drug related
misconduct and the frequency of your disciplinary actions.
Accordingly, your application has been denied.
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 adcorrection 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
NAVY | BCNR | CY2002 | 10329-02
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. On 11 May and again on 16 July 1959 you were convicted by summary court-martial (SCM) of a one day period of unauthorized absence (UA), failure to obey a lawful order, absence from your appointed place of duty, resisting arrest, and breach of the peace. The Board, in its review of your...
NAVY | BCNR | CY2002 | 04999-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, application on 4 December 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Documentary material considered by the Board consisted your husband's naval record and applicable Your allegations of error and considered your After careful and conscientious consideration of the entire record, the Board found that the...
NAVY | BCNR | CY1998 | 04695-98
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 August 1999. The record further reflects two periods of UA from 2-10 June and 22-23 June 1971, for which no disciplinary action is shown in the record. 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.
NAVY | BCNR | CY2001 | 03224-01
material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes, considered your application on Documentary regulations and policies. (UA) totaling about 9 days, two brief In December 1953, you were notified that you were being recommended for discharge by reason of unfitness. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to...
NAVY | BCNR | CY2002 | 03530-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 November 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. You were sentenced to confinement During the period from 1 to 13 March 1956 you were convicted by civil authorities of failure to appear, two day period of UA. 2 Consequently, when applying for a correction of an...
NAVY | BCNR | CY2001 | 07708-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 May 2002. 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. Given all the circumstances of your case, the Board concluded your discharge, narrative reason for separation, and reenlistment code were proper and...
NAVY | BCNR | CY2001 | 08270-01
A three-member panel of the Board for Correct:~on of Naval Records, sitting in executive session, considered your application on 8 May 2002. 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. The Board concluded that these factors were insufficient to warrant recharacterization of your discharge given your record of four NJP's, three...
NAVY | BCNR | CY2000 | 06969-00
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 March 2001. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2006 | 06283-06
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 the evidence submitted was insufficient to establish the existence of probable material error or injustice.You enlisted in the Marine Corps on 28 November 1953 at age 17 and served without disciplinary...
NAVY | BCNR | CY1999 | 01130-99
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 June 1999. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...