DEPARTMENTOFTHE NAV
BOARD FOR CORRECTION OF NAVAL RECORD
Y
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
ELP
Docket No. 1223-02
23 May 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.
Your allegations of error and injustice were
A three-member panel of the Board for Correction of Navy Records,
sitting in executive session,
22 May 2002.
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.
considered your application on
After careful and conscientious consideration of the entire
record,
insufficient to establish the existence of probable material
error or injustice.
the Board found that the evidence submitted was
The record reflects that you were advanced to
You enlisted in the Marine Corps on 8 September 1958 for four
years at age 18 .
Private first class and served more than nine months without
However, during the three month period from June to
incident.
September 1959 you were convicted by a summary court-martial and
received a nonjudicial punishment (NJP).
of two periods of unauthorized absence (UA) totaling about 13
days.
Your offenses consisted
On 14 October 1959 you were convicted by civil authorities of
forcible trespassing and fined $50.
on 24 November 1959 and remained absent until you were
apprehended by civil authorities and returned to military
jurisdiction on 27 December 1959.
On the same day, you broke
straggler's orders and remained absent until 8 January 1960, when
you were arrested by civil authorities on a charge of larceny.
On 11 February 1960, you were convicted of assault with intent to
You were reported UA again
commit robbery and sentenced to 3-12 months of confinement.
On 26 February 1960 you were notified that an undesirable
discharge was being recommended by reason of misconduct due to
civil conviction.
waived those rights.
directed an undesirable discharge by reason of misconduct due to
civil conviction.
You were so discharged on 7 April 1960.
You were advised of your procedural rights and
the discharge authority
Thereafter,
The Board noted your contention
and the fact that it has been more than 42
In its review of your application the Board carefully weighed all
potentially mitigating factors such as your youth and immaturity,
limited education,
years since you were discharged.
that the three periods of UA did not warrant a discharge under
other than honorable conditions.
foregoing factors and contentions were insufficient to warrant
recharacterization of your discharge given your record of an NJP,
a summary court-martial conviction and two civil convictions.
Your civil convictions brought great discredit upon both yourself
and reflected negatively on its members.
and the Marine Corps,
The Board concluded that you were guilty of too much misconduct
in 19 months of service to warrant recharacterization to
honorable or under honorable conditions.
application has been denied.
of the panel will be furnished upon request.
Accordingly, your
The Board concluded that the
The names and votes of the members
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.
presumption of regularity attaches to all official records.
Consequently,
record,
existence of probable material error or injustice.
the burden is on the applicant to demonstrate the
In this regard,
when applying for a correction of an official naval
You are entitled to have
it is important to keep in mind that a
Sincerely,
W. DEAN PFEIFFER
Executive Director
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