DEPARTMENTOFTHE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
CRS
Docket No: 6311-02
5 December 2002
This is in reference to your application for reconsideration 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
Your allegations of error and
application on 3 December 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
Board.
your application, together with all material submitted in support
thereof, your naval record and applicable statutes, regulations
and policies.
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 23
September 1952.
nonjudicial punishment and were convicted by two special
martial.
80 days and failure to obey a lawful order.
A third special court-martial convened on 24 September 1954 and
found you guilty of possession of a false liberty card,
destruction of military property, destruction of a Sailor's
and breaking restriction.
radio, assaulting the same Sailor,
court sentenced you to confinement at hard labor for six months,
forfeitures of $50 per month for six months, and a bad conduct
discharge.
martial of an unauthorized absence of 20 days.
bad conduct discharge on 1 April 1955.
In its review of your application the Board carefully weighed all
potentially mitigating factors,
and the contention that alcohol abuse caused your misconduct.
The offenses included unauthorized absences totalling
The record reflects that you received
such as your youth and immaturity
Subsequently, you
were.convicted by a summary
court-
You received the
courts-
The
However, the Board concluded that these factors were not
sufficient to warrant recharacterization of your discharge due to
your extensive disciplinary record which included five
disciplinary actions for offenses that included unauthorized
In this regard,
absences totalling more than three months.
Accordingly, your
alcohol abuse does not excuse misconduct.
application has been denied.
of the panel will be furnished upon request.
It is regretted that the circumstances of your case are such that
You are entitled to have the
favorable action cannot be taken.
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.
The names and votes of the members
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
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