DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
NAVY
ANNEX
2
WASHINGTON DC 20370-510
0
S
ELP
Docket No. 6307-01
8 February 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.
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 on
.
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
14 November 1951 for three years at age 17.
that you were advanced to PFC (E-2) and served for only four
months without incident.
to August 1952 you received two nonjudicial punishments
a one day period of unauthorized absence and loss of your
military identification card.
However, you were subsequently
advanced to CPL (E-4) and from February 1953 to April 1954 you
served in South and Central Korea against enemy forces.
The record reflects
During the five month period from March
(NJP) for
On 14 September 1954 you were convicted by summary court-martial
of disrespect.
You were sentenced to confinement at hard labor
for 15 days, a forfeiture of $40, and a reduction in rank to
PFC (E-3).
on'13 November 1954 you were released from active duty under
honorable conditions and transferred to the Marine Corps Reserve.
You received a general discharge upon completion of your military
obligation on 13 November 1959.
Thereafter, you served without further incident and
p
Character of service is based, in part, on conduct and
proficiency average which are computed from marks assigned during
periodic evaluations.
averages were 3.9 and 4.75, respectively.
of 4.0 in conduct was required for a fully honorable
characterization of service at the time of your discharge.
Your final conduct and proficiency
A minimum average mark
the Board carefully weighed
The Board concluded that these factors were
In its review of your application,
all potentially mitigating factors such as your youth and
immaturity, limited education, combat service in Korea, and the
fact that it has been more than 47 years since you were
discharged.
insufficient to warrant recharacterization of your discharge
given your record of two
conviction, and your failure to achieve the required average in
conduct.
convincing argument in support of your application.
concluded that your discharge was proper and no change is
warranted.
names and votes of the members of the panel will be furnished
upon request.
You have provided neither probative evidence nor a
Accordingly, your application has been denied.
NJPs, a summary court-martial
The Board
The
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,
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.
it is important to keep in mind that a
You are entitled to have
Sincerely,
W. DEAN PFEIFFER
Executive Director
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