DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
X
2 NAVY ANNE
S
WASHINGTON DC 20370-510
0
ELP
Docket No.
23 February 2001
6282-00
_-
Dear
This is in reference to your
naval record pursuant to the
States Code, Section 1552.
application for correction of your
provisions of Title 10, United
Board for Correction of Navy
Your allegations of error and
A three-member panel for the
Records, sitting in executive session, considered your
application on 22 February 2001.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
your application,
thereof, your naval record and applicable statutes, regulations
and policies.
Documentary material considered by the Board consisted of
together with all material submitted in support
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 May
1960 for four years at age 17.
were advanced to PFC (E-2) and served without incident until
7 November 1960, when you receive nonjudicial punishment (NJP)
for absence from your appointed place of duty.
1961 you were convicted by special court-martial of stealing a
coat and a pair of trousers belonging to a LCPL (E-3).
sentenced to confinement at hard labor for two months and a
reduction in rank to PVT (E-l).
reduced the confinement to one month.
On 11 December 1961 you were diagnosed with an emotional
instability reaction with compulsive features.
were notified that your discharge was being recommended by reason
of unsuitability due to a character and behavior disorder.
declined to submit a statement in your own behalf.
1961 the discharge authority recommended separation with a
You were so
general discharge by reason of unsuitability.
At the time of discharge, your
discharged on 2 March 1962.
final averages in conduct and proficiency were 3.7 and 3.5,
respectively.
The record further reflects that you reenlisted in the Marine
Corps on 2 February 1965 and served in Vietnam from 7 July 1965
You were twice wounded in combat and awarded
to 30 March 1966.
the Purple Heart Medal.
10 April 1967.
Marine Corps Reserve from May 1967 to September 1992
were transferred to the Retired Reserve.
were recalled to active duty from 17 August 1990 to 15 May 1991
during operations Desert Shield and Desert Storm.
You continued to serve in the Marine Corps and
whea you
You were honorably discharged on
During this period you
Individuals discharged for unsuitability received the type of
Character of service
discharge warranted by the service record.
was based, in part, on conduct and proficiency averages which are
computed from marks assigned during periodic evaluations. A
minimum average mark of 4.0 was required in conduct for a fully
honorable characterization at the time of your discharge in March
1962.
The Board also noted your
In its review of your application the Board carefully weighed all
potentially mitigating factors such as your youth and immaturity,
subsequent honorable service in Vietnam in which you were twice
wounded in combat, and your subsequent service in the Marine
Corps and Marine Corps Reserve.
request for removal of the 1961 special court-martial conviction.
court-
However, the Board has no authority to remove a special
martial conviction which has been finally and conclusively
adjudicated in the court-martial appellate process. Although you
overcame the misconduct in your earlier enlistment by your
subsequent service, the Board concluded that this was
insufficient to warrant recharacterization of your first period
of service given your record of an NJP,
a special court-martial
conviction, and the fact that you failed to achieve the required
The Board thus concluded that the discharge
average in conduct.
was proper and no change is warranted.
application has been denied.
of the panel will be furnished upon request.
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.
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.
2
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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