DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR
Docket No: 5504-01
31 January 2002
Dear
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 29 January 2002.
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.
The Board found you enlisted in the Marine Corps on 14 October
1942 at the age of 18.
Your record reflects that on 3 February
1943 you were convicted by summary court-martial (SCM) of a 14
day period of unauthorized abuse (UA) and were awarded extra duty
for a month and a $162 forfeiture of pay.
On 6 April 1943 you
were convicted by SCM of a 15 day period of UA and were awarded
extra duty for three months and a $162 forfeiture of pay.
On 27 August 1943 you were convicted by general
On 25 May 1943 you began a 67 day period of UA that was not
terminated until you were apprehended by civil authorities on 31
July 1943.
court-martial (GCM) of the foregoing period of UA and were
sentenced, as mitigated, to confinement for 18 months, a
reduction in rate, and a bad conduct discharge (BCD).
it was directed that you be restored to duty on six months of
probation upon completion of six months of confinement.
However,
On 6 February 1944 you were restored to duty and placed on
probation.
period of UA that was not terminated until you were apprehended
However, on 9 February 1944, you began a 55 day
by civil authorities on 3 April 1944.
received captains mast (CM) for the 55 day period of UA.
probationary period was terminated at this time.
was approved at all levels of review,
were discharged with a BCD.
On 13 May 1944 you
on 18 January 1945, you
The
After the BCD
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 periods
of UA occurred because you were issued the wrong orders.
However, the Board concluded these factors and contention were
not sufficient to warrant recharacterization of your discharge
because of the seriousness of your repetitive and lengthy periods
of UA, which resulted in captain's mast and three court-martial
convictions.
The Board noted that your UA continued even after
the BCD was suspended and you were restored to duty.
the circumstances of your case,
the Board concluded your
discharge was proper as issued and no change is warranted.
Accordingly, your application has been denied.
Given all
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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