DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
NAVY
ANNEX
2
WASHINGTON DC 20370-510
0
S
ELP
Docket No 5541-01
8 February 2002
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.
on.
Your allegations of error and injustice were
A three-member panel of the Board for Correction of Navy Records,
sitting in executive session,
6 February 2002.
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.
considered your application
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
9 September 1950 for three years.
were advanced to PFC, but served for only four months without
During the 10 month period from January to October
incident.
1951 you received three nonjudicial punishments (NJP) and were
convicted by two summary courts-martial.
of four periods of unauthorized absence (UA) totaling about 55
days and driving without a valid operator's license.
The record reflects that you
Your offenses consisted
The record further reflects that on 5 December 1951 you began
a tour in Korea and participated in action against enemy forces
in South and Central Korea.
15 September 1952 and awarded the Purple Heart Medal.
departed Korea on 6 December 1952.
You were wounded in action on
You
On 8 May 1953 you were convicted by special court-martial of UA
from 6-23 April 1953.
You were sentenced to two months of hard
labor without confinement, two months of restriction, and a
reduction in rank to PVT (E-l).
You served without further incident and received a general
discharge upon the expiration of your enlistment on 15 September
1953.
Character of service is based, in part, on conduct and
proficiency averages which are computed from marks assigned
during periodic evaluations.
averages were 3.8 and 6.3, respectively.
of 4.0 in conduct was required for a fully honorable characteri-
zation of service at the time of your discharge.
Your final conduct and proficiency
A minimum average mark
The Board concluded that these factors were
the statement in support of your appli-
In its review of your application the Board carefully weighed all
potentially mitigating factors such as your limited education;
combat service in Korea,
cation, and the fact that it has been more than 48 years since
you were discharged.
insufficient to warrant recharacterization of your discharge
given your record of three
NJPs, convictions by two summary
courts-martial and a special court-martial, and your failure to
achieve the required average in conduct.
The Board concluded
that you were fortunate that the command allowed you to complete
your enlistment and earn a discharge under honorable conditions.
Most individuals with misconduct such as yours were discharged
under other than honorable conditions.
you were guilty of too much misconduct to warrant a fully
honorable characterization of service.
application has been denied.
of the panel will be furnished upon request.
The Board concluded that
The names and votes of the members
Accordingly, your
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. 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.
You are entitled to have
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
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