DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 4497-02
29 January 2003
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 23 January 2003. 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Marine Corps on 30 December 1953 at the age
of 17. On 29 July and again on 26 August 1954 you received
nonjudicial punishment (NJP) for two periods of absence from your
appointed place of duty. On 4 November 1954 you were convicted
by summary court-martial (SCM) of a 29 day period of unauthorized
absence (UA) and were sentenced to restriction for 60 days,
reduction to paygrade E-1, and a $50 forfeiture of pay.
On 1 April 1955 you were convicted by civil authorities of grand
larceny and sentenced to probation for three years. Shortly
thereafter, on 15 April 1955, you were convicted by special
court-martial (SPCM) of a 58 day period of UA. You were
sentenced to confinement at hard labor for two months and a $110
forfeiture of pay.
Subsequently, you were notified of pending administrative
separation action by reason of misconduct due to the civil
conviction. After consulting with legal counsel, you elected to
present your case to an administrative discharge board (ADB). On
1 June 1955 an ADB recommended separation by reason of
misconduct. Your commanding officer recommended an undesirable
discharge by reason of misconduct due to civil conviction. On 6
June 1955 the discharge authority directed an undesirable
discharge by reason of misconduct. During the 15 days from 8 to
23 June 1955 you were in a UA status, but the record does not
reflect the disciplinary action taken, if any, for this period of
UA. On 30 June 1955 you received an undesirable discharge.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity and your contention that your offenses
do not warrant the ongoing stigma of an undesirable discharge.
It also considered your contention that you received a full
pardon and your rights were restored, but you still could not
reenlist. Nevertheless, the Board concluded these factors and
contentions were not sufficient to warrant recharacterization of
your discharge because of your frequent misconduct in both the
military and civilian communities, and the serious nature of the
offenses that resulted in your civil conviction and conviction by
SPCM. 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
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