DEPARTMENTOFTHE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
JRE
Docket No: 2269-02
2 December 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 21 November 2002. Your allegations of error and
injustice were reviewed in accordance with administrative regulations and procedures
applicable to the proceedings of this Board.
consisted of your application, together with all material submitted in support thereof, your
naval record and applicable statutes, regulations and policies.
Documentary material considered by the Board
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 received
You absented yourself without authority once again
The Board found that you enlisted in the Marine Corps on 5 March 1954.
nonjudicial punishment on 27 September 1954 for the offense of absence without authority
during the 13-16 September 1964 period.
on 25 October 1954, and you were declared a deserter on 6 December 1954. You were
apprehended on 4 February 1955 by an agent of the FBI, and returned to military control.
You were convicted by general court-martial on 14 March 1955 of the offense of desertion,
and sentenced to confinement at hard labor for one year and six months, total forfeiture of
pay and allowances for that period, and to be discharged with a bad conduct discharge.
While confined, you disclosed that you had deserted because you had been denied emergency
leave. Although you were diagnosed as suffering from an inadequate personality, there in no
indication that you had a panic or other significant anxiety disorder.
appellate review of your conviction and sentence, you were separated from the Marine Corps
on 1 May 1956, with a bad conduct discharge.
Upon the completion of
The Board noted that a bad conduct discharge takes precedence over and precludes disability
In addition, it could not find any indication in the available records
evaluation processing.
that you were unfit for duty by reason of physical disability at the time of your discharge
from the Marine Corps, and it was not persuaded that your misconduct was related to an
undiagnosed panic disorder. 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 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
NAVY | BCNR | CY2009 | 04682-09
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. On 29 June 1955, you were convicted by special court - martial (SPCM) of 35 day period of UA from your unit. 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.
NAVY | BCNR | CY2002 | 03313-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 October 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. On 31 August 1954 you received NJP for failure to The punishment imposed was The punishment imposed was 14 days of that On 14 September 1954, you were convicted by summary martial of breaking restriction. convicted of...
NAVY | BCNR | CY2002 | 03152-01
your application, thereof, your naval record, and policies. Documentary material considered by the Board consisted of together with all material submitted in support and applicable statutes, regulations, A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 February 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this After careful and...
NAVY | BCNR | CY2002 | 07631-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 December 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. 21 February...
NAVY | BCNR | CY2001 | 01808-00
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. September 1955 you requested immediate execution of the BCD. 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.
NAVY | BCNR | CY2006 | 07106-06
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...
NAVY | BCNR | CY2003 | 05183-03
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 the evidence submitted was insufficient to establish the existence of probable material error or injustice.You enlisted in the Marine Corps on 8 December 1952 at age 17. On 23 November 1953 you received...
NAVY | BCNR | CY2002 | 01711-02
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. 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...
NAVY | BCNR | CY1998 | 08438-98
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 April 1999. 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...
NAVY | BCNR | CY1999 | 05753-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 May 2010. 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. As such, on 21 September 1955, the DD was mitigated to a bad conduct discharge (BCD) and the confinement was reduced to 20 months.