DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
WMP
Docket No:
10 October 2002
3313-02
This is in reference to your application for correction of your
husband's 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 9 October 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
of your application, together with all material submitted in
support thereof,
your husband's naval record and applicable
statutes, regulations and policies.
Documentary material considered by the Board consisted
Your allegations of error and
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 Board found that you enlisted in the Marine Corps on 31
August 1953 for three years at age 17. Your record reflects
you served without incident until 28 July 1954, when you
received nonjudicial punishment (NJP) for being out of uniform
in a public place.
restriction.
be at your appointed place of duty.
14 days of restriction.
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.
forfeiture of $45, 30 days of restriction and reduction to
private.
the adjudged sentence and ordered its execution.
On 16 September 1954, the convening authority approved
The punishment imposed was a
court-
Your record further reflects that on 22 July
NJP for failure to obey a lawful order.
was 10 hours of extra duty.
by summary court-martial of two days of unauthorized absence
from 25 June to 27 June 1955.
confinement at hard labor for 15 days and a forfeiture of $40.
On 29 June 1955, the convening authority approved the adjudged
sentence and ordered its execution.
you received
The punishment imposed
On 28 June 1955, you were convicted
The punishment imposed was
1955
On 29 September 1955, you were convicted by special
martial of 16 days of unauthorized absence, from 9 to 25
September 1955.
The punishment imposed was confinement at hard
labor for six months and forfeitures of $67.60 per month for six
months.
On 30 September 1955, the convening authority approved
a sentence of confinement for four months and forfeitures of $67
per month for four months.
court-
On 28 January 1956, you were apprehended by civil authorities
and charged with two instances larceny of an automobile and held
without bond pending trial.
convicted of these offenses and sentenced to two years service
on the public roads.
On 29 February 1956 you were
On 8 March 1956, you were recommended for an undesirable
discharge by reason of misconduct due to conviction by civil
authorities.
recommended an undesirable discharge.
approved by the discharge authority on 17 April 1956.
April 1956 you were so discharged.
A discharge board, held on 5 April 1956,
This recommendation was
On 23
However, the Board concluded that your three
In its review of your application the Board carefully weighed
all potentially mitigating factors such as your youth and
immaturity, and your contention that you have good post service
conduct.
three convictions by court-martial,
for two instances of larceny of an automobile, clearly supported
The Board
the undesirable discharge by reason of misconduct.
additionally noted that your FBI report shows several
service convictions.
denied.
furnished upon request.
post-
Accordingly, your application has been
The names and votes of the members of the panel will be
and your civil conviction
NJP's and
You are entitled to have
In this regard,
It is regretted that the circumstances of your case are such
that favorable action cannot be taken.
the Board reconsider its decision upon submission of new and
material evidence or other matter not previously considered by
the Board.
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.
it is important to keep in mind that
Sincerely,
W. DEAN PFEIFFER
Executive Director
3
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