DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
WMP
Docket No:
12 November 2002
4663-02
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 6 November 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.
materi'al considered by the Board consisted
Your allegations of error and
Documentary
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 28
December 1956 for four years at age 18. Your record reflects
that you served without incident until 7 October 1957, when you
received nonjudicial punishment (NJP) for failure to be at your
appointed place of duty.
to private.
be at your appointed place of duty.
14 days of extra duty.
On 7 February 1958 you received NJP for failure to
The punishment imposed was
The punishment imposed was a reduction
you were convicted by summary court-martial
On 22 February 1958,
of two instances of breach of the peace, two instances of
You were sentenced to
assault, and disorderly conduct.
confinement at hard labor for 30 days and a forfeiture of $50.
On 28 February 1958,
adjudged sentence and ordered its execution.
the convening authority approved the
.
Your record further reflects that on 23 June 1958 you received
The
NJP for failure to be at your appointed place of duty.
punishment imposed was 14 days of restriction.
you received NJP for failure to be at your appointed place of
duty.
December 1958 you received NJP for disobeying a lawful order.
The punishment imposed was 14 days of extra duty.
The punishment imposed was 7 days of restriction., On 11
On 31 July 1958
On 22 May 1959, you were recommended for an undesirable
You were advised of and
discharge by reason of unfitness.
waived all your procedural rights, however, your commanding
officer disapproved your waiver of rights and directed an
undesirable discharge board (UDB) be convened in your case.
On 26 June 1959, a UDB convened,
present, and recommended an undesirable discharge by reason of
On 30 June 1959, the discharge authority approved
unfitness.
your undesirable discharge by reason of unfitness, and on 15
July 1959 you were so discharged.
with you and your counsel
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 did not deserve this
type of discharge.
NJP's and conviction by a summary court-martial clearly
supported the undesirable discharge by reason of unfitness.
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon
request.
However, the Board concluded that your five
The names and
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
You are entitled to have
In this regard,
Sincerely,
W. DEAN PFEIFFER
Executive Director
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