DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
NAVY
ANNEX
2
WASHINGTON DC 20370-510
0
S
TJR
Docket No: 2238-02
25 September 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 24 September 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
Approximately five months later,
You enlisted in the Marine Corps on 23 December 1959 at the age
of 19.
convicted by civil authorities of drunkenness and sentenced to a
$25 bailment.
punishment (NJP) for drunkenness and were awarded a reprimand. On
13 July 1961 you were convicted by summary court-martial (SCM) of
drunk and disorderly conduct.
You were sentenced to confinement
at hard labor for 30 days,
to
On 3 August 1960 you received nonjudicial
a $40 forfeiture of pay, and reduction
on 6 May 1960, you were
paygrade E-l.
On 27 August and again on 8 October 1962 you received NJP for
possession of an unclean rifle and disobedience.
1963 you were convicted by SCM of a three day period of
unauthorized absence (UA) and were sentenced to a suspended
reduction to
special court-martial (SPCM) of three periods of UA
days.
months, a $420 forfeiture of pay,
(BCD).
You were sentenced to confinement at hard labor for six
and a bad conduct discharge
The BCD was suspended for six months.
On 6 June 1963 you were convicted by
paygrade E-2.
On 4 January
totalling 80
On 15 January 1964 you were convicted by SPCM of a 66 day period
You were sentenced to confinement at hard labor for five
of UA.
months, a $350 forfeiture of pay, and a BCD.
submitted a written request for restoration to duty, which was
denied.
review, and on 13 May 1964 you were so discharged.
The BCD was subsequently approved at all levels of
On 3 April 1964 you
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity and your successful completion of a
Nevertheless, the Board
drug and alcohol treatment program.
concluded these factors were not sufficient to warrant
recharacterization of your discharge because of your serious and
repetitive misconduct which resulted in three
court-
NJPs, four
martial convictions, and conviction by civil authorities.
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
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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