DEPARTMENTOFTHE NAV
Y
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
CRS
Docket No: 1322-02
26 August 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 31 July 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 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 record reflects that you received
Marine Corps on 4
The Board found that you enlisted in the
September 1958 at age 17.
four nonjudicial punishments and were convicted by a summary
court-martial and a special court-martial.
unauthorized absences totalling 39 days, sleeping on post, and
absence from your appointed place of duty.
were convicted by civil authorities of stealing a car.
sentenced you to probation for five years.
were convicted by a second special court-martial of an
unauthorized absence of 67 days.
The offenses included
On 31 May 1962 you
The court
Subsequently, you
On 15 August 1962 the commanding officer recommended that you be
separated with an undesirable discharge by reason of misconduct
due to civil conviction.
When informed of the recommendation,
you elected to waive the right to present your case to an
administrative discharge board.
authority,
3 October 1962 you received an undesirable discharge.
After review by the discharge
the recommendation for separation was approved and on
.
such as your youth and immaturity
In its review of your application the Board carefully weighed all
potentially mitigating factors,
and the contention that you were exposed to chemical agents.
However, the Board concluded that these factors were not
sufficient to warrant recharacterization of your discharge, given
the seriousness of the civil conviction and your frequent
In this regard, the record contains no
military offenses.
evidence, and you have submitted none, to show that you were
exposed.to chemical agents.
no indication that such exposure caused an inability to know
right from wrong or adhere to the right, or was sufficiently
mitigating to warrant recharacterization of your discharge.
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
Even if you were exposed, there is
The names and
It is regretted that the circumstances 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
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.
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
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