DEPARTMENTOFTHE NAVY
BOARIJ
FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 3530-02
6 November 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 5 November 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
and applicable statutes, regulations,
thereof, your naval record,
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.
You reenlisted in the Marine Corps on 21 August 1953 after three
On 7 December 1953 and again
years of prior honorable service.
on 8 January 1954 you received nonjudicial punishment (NJP) for
two periods of absence from your appointed place of duty and
On 19 February
failure to go to your appointed place of duty.
(SPCM) of a
1954 you were convicted by special court-martial
seven day period of unauthorized absence (UA) and absence from
your appointed place of duty.
On 27
at hard labor for a month and a $60 forfeiture of pay.
April and 19 October 1954 you received NJP for absence from your
appointed place of duty and failure to obey a lawful order. On
16 November 1954 and again on 21 July 1955 you were convicted by
summary court-martial (SCM) of two periods of UA totalling 18
days.
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.
pending administrative separation action by reason of unfitness
due to frequent involvement of a discreditable nature with
On 21 March 1956 you were notified of
and convicted by SCM of a
After consulting with legal
military and civilian authorities.
counsel you elected to present your case to an administrative
discharge board (ADB).
On 6 April 1956 you were convicted by
civil authorities of driving without a license, running a stop
sign, and failure to appear, and were sentenced to pay a fine.
On 13 April 1956 an ADB recommended you be issued an undesirable
discharge.
Subsequently, your commanding officer recommended you
be issued an undesirable discharge by reason of misconduct due to
repeated offenses and civil convictions.
directed an undesirable discharge by reason of unfitness due to
frequent involvement of a discreditable nature with military and
civilian authorities, and on 11 May 1956 you were so separated.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity and prior honorable service, including
service in Korea during which you received the Purple Heart.
also considered your contentions that your undesirable discharge
deprives you of all benefits,
psychological problems as a result
of combat fatigue impaired your ability to service, and your only
problems while serving in the Marine Corps were related to four
minor periods of UA.
Nevertheless, the Board concluded these
factors and contentions were not sufficient to warrant
recharacterization of your discharge because of your repetitive
misconduct in both the military and civilian communities.
Accordingly, your application has been denied.
The discharge authority
It
However, the Board believes that under current
The Board noted the 1960 memorandum from the Veterans
Administration to the effect that you are ineligible for veterans
benefits.
regulations, you may now be eligible for such benefits.
You
should contact the nearest office of the Department of Veterans
Affairs (DVA) concerning your right to reapply for benefits or
appeal the earlier unfavorable determination.
to deny benefits, you may apply to this Board for
reconsideration.
If DVA continues
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.
2
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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