DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
NAVY
ANNEX
2
WASHINGTON DC 20370-510
0
S
TJR
Docket No: 6342-01
19 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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 12 February 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 18 December
1958 at the age of 17.
of formal education and attained average test scores.
At that time you had completed nine years
Your record-reflects that on 24 September 1959 you received
nonjudicial punishment (NJP) for a 15 day period of unauthorized
absence (UA) and failure to obey a lawful order.
imposed was extra duty for two weeks.
convicted by special court-martial (SPCM) of a 28 day period of
The punishment
On 4 January 1960 you were
’ UA and breaking restriction.
You were sentenced to a $330
forfeiture of pay, confinement at hard labor for six months, and
reduction in rate.
failure to go to your appointed place of duty and were awarded
extra duty for 10 days.
On 1 November 1960 you received NJP for
On 30 January 1961 you were convicted by convicted by summary
court-martial (SCM) of absence from your appointed place of duty
and were sentenced to restriction and extra duty for 10 days and
a $40 forfeiture of pay.
On 25 April 1961 you were convicted by
SPCM of absence from your appointed place of duty, a 36 day
period of UA, and two specifications of breaking restriction.
You were sentenced to confinement at hard labor for four months,
and a bad conduct discharge (BCD),
a $220 forfeiture of pay,
which was suspended for three months.
Your record further reflects that on 12 June 1962 you were
convicted by civil authorities of driving without a license and
You were sentenced to confinement for 30 days, which
speeding.
was suspended for a year.
On 1 and 16 August 1962 you received
NJP for being out of bounds and absence from your appointed place
of duty.
(ADB) and to submit a statement requesting
After consulting with legal
On 2
On 27 September 1962 you were convicted by SCM of
Subsequently, you were notified of pending administrative
separation by reason of unfitness.
counsel, you elected to present your case to an administrative
discharge board
retention.
failure to obey a lawful order and were sentenced to confinement
at hard labor for 20 days and a $70 forfeiture of pay.
November 1962 an ADB recommended separation by reason of
unfitness.
other than honorable discharge by reason of unfitness as
evidenced by military and civilian offenses and indebtedness. On
7 November 1962 the discharge authority directed an other than
honorable discharge by reason of unfitness, and on 9 November
1962 you were so discharged.
Subsequently, your commanding officer recommended an
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity, limited education, length of service,
post service conduct, and your contention that the nature of your
offenses did not warrant an other than honorable discharge.
The
Board also considered your statement of issues and the character
reference letters.
However, the Board concluded these factors
and contention were not sufficient to warrant recharacterization
of your discharge because of your repetitive misconduct, which
resulted in eight military disciplinary actions and a conviction
by civil authorities.
The Board noted that your misconduct
continued even after you were notified of pending separation
action.
Given all 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.
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
2
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
3
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