DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
X
2 NAVY ANNE
S
WASHINGTON DC 20370-510
0
TRG
Docket No:
14 November
1711-02
2002
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 13 November 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
Board.
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.
You enlisted in the Marine Corps on 11 August 1953 at age 18.
During 1954, you received nonjudicial punishment on three
occasions for three periods of unauthorized absence totaling
about three and a half days.
30 March 1955 and convicted you of two periods of unauthorized
absence totaling about 111 days.
The court sentenced you to
confinement at hard labor for 18 months, forfeiture of all pay
and allowances and a bad conduct discharge.
you were restored to duty on six months probation.
served without any further disciplinary problems until you were
released from active duty on 10 August 1956 with your service
You were
characterized as being under honorable conditions.
subsequently issued a general discharge at the end of your
military obligation.
You then
A general court-martial convened on
On 24 December 1955
In 1981, this Board noted your general court-martial conviction
and failure to achieve the required average mark in conduct and
denied your request for recharacterization of your service to
honorable.
unauthorized absence be removed from your record because of your
You are now requesting that unspecified periods of
good service after you were restored to duty on probation and the
passage of time since the offenses were committed.
There is no provision in the law or regulations that would
require the removal of periods of unauthorized absence based
solely on the passage of a period of time.
Board is prohibited by law from reviewing court-martial
convictions, and the court-martial record showing your conviction
of unauthorized absence must remain in the record.
The Board
thus concluded that your record properly documents your periods
of unauthorized absence and removing periods of unauthorized
absence from the record is not warranted.
application has been denied.
of the panel will be furnished upon request.
The names and votes of the members
Additionally, the
Accordingly, your
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 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
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