DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
WMP
Docket No:
26 November 2002
5121-02
This is in reference to your application for correction of your
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 20 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,
regulations and policies.
Documentary material considered by the Board consisted
Your allegations of error and
your naval record and applicable statutes,
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 Navy on 8 December 1951
at age 17. At that time, you had completed 10 years of education
and attained test scores which placed you in Mental Group III.
You served without incident until 28 April 1952 when you
received nonjudicial punishment (NJP) for failure to go to your
appointed place of duty.
The punishment imposed was 14 days of
restriction.
On 5 June 1952 you again received NJP for failure
to go to your appointed place of duty.
The punishment imposed
was 10 hours of extra duty.
Your record further reflects that you served in Korea from 31
July 1952 to 10 January 1953.
were awarded the Korean Service Medal, United Nations Service
Medal, and the China Service Medal.
During this period of service you
On 10 July 1953 you were convicted by a summary court martial of
disorderly conduct, disrespect to military police, and
communicating a threat.
restriction and a forfeiture of $20.
convening authority approved the adjudged sentence and ordered
its execution.
You were sentenced to 30 days of
On 11 July 1953 the
On 5 January 1954 you were convicted by a special court martial
You were
of failure to go to your appointed place of duty.
sentenced to confinement at hard labor for three days and 30
days of restriction.
approved the adjudged sentence and ordered its execution.
On 11 January 1954 the convening authority
You were sentenced to confinement at hard labor for six
On 1 March 1954 you were convicted by a special court martial of
failure to obey a general order, theft,
weapon.
months, forfeitures of $70 per month for six months, and a bad
On 9 December 1954, after the findings and
conduct discharge.
sentence were approved by the Board of Review, you received the
bad conduct discharge.
and carrying a concealed
However, the Board concluded that your
appl.ication the Board carefully weighed
In its review of your
all potentially mitigating factors such as your youth and
immaturity, limited education, and your contention that your
sentence was too severe.
conviction at a special court martial for purchasing black
market merchandise,
concealed weapon were very serious charges that clearly
warranted severe punishment,
Additionally, your prior record of misconduct, including two
NJP's and two court martial convictions showed your total
disregard for authority.
denied.
furnished upon request.
Accordingly, your application has been
The names and votes of the members of the panel will be
theft of a military firearm, and carrying a
which the court martial imposed.
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.
it is important to keep in mind that
You are entitled to have
In this regard,
2
a presumption of regularity attaches
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.
to all official records.
Sincerely,
W. DEAN PFEIFFER
Executive Director
3
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