DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370.5100
TJR
Docket No: 3302-99
22 January 2001
Dear
This is in reference to your
naval record pursuant to the
States Code, Section 1552.
application for correction of your
provisions of Title 10, United
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 9 January 2001.
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.
The Board found you enlisted in the Marine Corps on 28 October
Your record reflects that on 19 December
1955 at the age of 18.
1955 you were convicted by summary court-martial (SCM) of a nine
You were sentenced to
day period of unauthorized absence (UA).
confinement at hard labor for five days and a $30 forfeiture of
pay.
Your record further reflects that on 17 July 1956 you were
convicted by general court-martial (GCM) of two periods of UA
totalling 46 days and breaking restriction.
to forfeiture of all pay and allowances, confinement at hard
labor for six months, and a bad conduct discharge
November 1956 you submitted a written statement in which you
waived your right to restoration to duty.
was approved at all levels of review and ordered executed.
December 1956 you received a BCD.
You were sentenced
Subsequently, the BCD
(BCD).
On 15
On 18
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
and good post service behavior as
your youth and immaturity,
shown by the character references you submitted.
considered your contentions that your misconduct was a result of
your family problems and you have suffered enough with the BCD.
However, the Board concluded these factors and contentions were
not sufficient to warrant recharacterization of your discharge
given the serious nature of your frequent periods of UA, which
resulted in two court-martial convictions.
evidence in the record, and you submitted none, to support your
contentions.
of a court-martial and must restrict its review to determining
whether the sentence should be changed as a matter of clemency.
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.
Additionally, the Board cannot review the propriety
The Board also
Further, there is no
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
Executive Director
PPEIFFER
2
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