DEPARTMENTOFTHE NAV
Y
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 3152-01
19 February 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.
Board.
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 conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
Your record reflects that you served for
The Board found you enlisted in the Marine Corps on 9 October
1953 at the age of 17.
a year without disciplinary incident but on 15 October 1954 you
were convicted by special court-martial
limits area and appearing in an unclean uniform.
You were
a $55
sentenced to confinement at hard labor for 20 days,
forfeiture of pay, and reduction to
paygrade E-l.
On 6 and 22
December 1954 you received nonjudicial punishment (NJP) for
disobedience, drunk and disorderly conduct, and interfering with
?police duties.
(SPCM) of being in an off
Your record further reflects that on 28 July 1955 you received
NJP for a five day period of unauthorized absence
awarded restriction for two weeks.
convicted by civil authorities of first degree robbery and were
sentenced to confinement for five years.
(UA) and were
On 31 October 1955 you were
Subsequently, while in the custody of civil authorities, you were
processed for an administrative separation by reason of
misconduct due to the civil conviction.
On 19 December 1955 your
commanding officer recommended an undesirable discharge by reason
On 12 January 1956 the
of misconduct due to civil conviction.
discharge authority directed an undesirable discharge, and on 9
February 1956 you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity and contention of good post service
However, the Board concluded these factors were not
conduct.
sufficient to warrant recharacterization of your discharge
because of your misconduct in both the military and civilian
communities, especially the civil conviction for a serious
offense.
Given all the circumstances of your case, the Board
concluded your discharge was proper as issued and no change is
warranted.
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
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 | 03530-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 November 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. You were sentenced to confinement During the period from 1 to 13 March 1956 you were convicted by civil authorities of failure to appear, two day period of UA. 2 Consequently, when applying for a correction of an...
NAVY | BCNR | CY2002 | 04999-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, 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 your husband's naval record and applicable Your allegations of error and considered your After careful and conscientious consideration of the entire record, the Board found that the...
NAVY | BCNR | CY2006 | 06283-06
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 28 November 1953 at age 17 and served without disciplinary...
NAVY | BCNR | CY2002 | 02104-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 July 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. A special court-martial convened on 9 August 1956 and convicted you of the foregoing period of unauthorized absence of about 76 The court days and missing ship's...
NAVY | BCNR | CY2006 | 04308-06
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 4 December 1953 at age 18. About six months later, on 23 June...
NAVY | BCNR | CY2012 | 12296 12
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 7 June 1956, you received an OTH discharge for misconduct (unfitness). 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 | 04497-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 January 2003. 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 30 June 1955 you received an undesirable discharge.
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 | 02269-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 November 2002. 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. Consequently, when applying for a correction of an official naval record, the...