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NAVY | BCNR | CY2002 | 04900-00
Original file (04900-00.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD
X

2 NAVY ANNE

S

WASHINGTON DC 20370-510

0

CRS
Docket No: 4900-00
6 April 2001

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 4 April 2001.
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 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 3
February 1956 at age 17.
nonjudicial punishment and a special court-martial.
included an unauthorized absence of 24 days and drunk and
disorderly conduct.

The record reflects that you received

The offenses

A second special court-martial convened on 21 January 1958'and
you were found guilty of unauthorized absences totalling 47 days
and breaking straggler's orders on two occasions.
sentenced you to confinement at hard labor for six months,
forfeitures of $28 per month for six months, and a bad conduct
You received the bad conduct discharge on 13 June
discharge.
1958.

The court

In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and
immaturity.
not sufficient to warrant recharacterization of your discharge
due to the fact that your unauthorized absences  

However, the Board concluded that these factors were

totalled more

The Board also noted that during a period of

than two months.
about two years, you were the subject of three disciplinary
actions, including two convictions by special court-martial.
Based on the foregoing,
discharge is warranted.
denied.
furnished upon request.

the Board concluded that no change to the
Accordingly, your application has been
The names and votes of the members of the panel will be

It is regretted that the circumstances of your case are such that
You are entitled to have the
favorable action cannot be taken.
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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