DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 4632-02
29 January 2003
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 23 January 2003.
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.
You reenlisted in the Marine Corps on 3 July 1951 after two years
of prior honorable service.
You served without disciplinary
incident until 26 December 1952, when you received nonjudicial
punishment (NJP) for absence from your appointed place of duty.
The punishment imposed was restriction for two weeks.
On 15 January and again on 16 April 1954 you received NJP for
disobedience, wrongfully removing a liberty card, going on
liberty without permission,
nontax paid
alcoholic beverages.
and possession of
On 18 January 1955 you were convicted by special court-martial
(SPCM) of three specifications of bribery and graft. You were
sentenced to confinement at hard labor for two months, a $60
forfeiture of pay, and reduction to
Approximately
seven months later, on 19 July 1955, you were convicted by civil
authorities of child molestation.
confinement for three years.
You were sentenced to
paygrade E-2.
Subsequently, you were processed for an administrative separation
On 25
action by reason of misconduct due to civil conviction.
reconxnended an other than
October 1955 your commanding officer
honorable discharge by reason of misconduct due civil conviction.
On 9 November 1955 the discharge authority then directed an other
than honorable discharge by reason of misconduct.
1955, while in custody of civil authorities, you were so
discharged.
On 22 November
The Board
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your prior honorable service, combat service, and your contention
that your discharge was inequitable because it was based on one
isolated incident which occurred in a six year period.
further considered your contention of good post service conduct.
However, a Federal Bureau of Investigation (FBI) report states
that since discharge, you have been convicted by civil
authorities on several occasions.
concluded these factors and contentions were not sufficient to
warrant recharacterization of your discharge because of your
repetitive misconduct in the military community which, resulted
in three
of your misconduct in the civilian community which resulted in
your discharge.
NJPs and a court-martial conviction, and the seriousness
Nevertheless, the Board
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 PF'EIFFER
Executive Director
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