DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 2092-02
30 January 2003
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 15 January 2003.
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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The record reflects that you received two
The Board found that you enlisted in the Marine Corps on 30
October 1959.
nonjudicial punishments and were convicted by five summary
The offenses included unauthorized absences
courts-martial.
totalling two days, failure to obey a lawful order on three
occasions, absence from your appointed place of duty, disrespect
on three occasions, willful disobedience of a lawful order on two
occasions, and use of provoking gestures.
A special court-martial convened on 9 October 1964 and found you
guilty of unauthorized absences totalling 387 days and breaking
restriction.
The court sentenced you to confinement at hard
labor for four months, forfeitures of $60 per month for four
months, and a bad conduct discharge.
conduct discharge on 21 January 1965.
You received the bad
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and
immaturity.
However, the Board concluded that these factors were
not sufficient to warrant recharacterization of your discharge
due to your extensive disciplinary record which included
Accordingly, your
unauthorized absences totalling 13 months.
application has been denied.
of the panel will be furnished upon request.
The names and votes of the members
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
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