DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
FC
Docket No: 07544-02
24 January 2003
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10 of the
United States Code section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application 23 January 2003.
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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
On 16 October 1959, you were convicted
The Board found that you enlisted in the Marine Corps on 31
January 1958 at age 18.
by special court-martial of three specifications of unauthorized
absence totaling 104 days and breaking restriction.
awarded confinement at hard labor for six months, reduction to
I, forfeiture of $55.00 for six months, and a bad conduct
discharge.
you waived your right to request
restoration to duty and requested execution of the discharge. On
8 March 1960,
you received a bad conduct discharge.
On 18 December 1959,
You were
E-
In its review of your case,
potentially mitigating factors, such as your youth and
immaturity and the length of time that has passed since you were
discharged from the Navy.
the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge because of your repetitive and lengthy periods
The Board carefully weighed all
Nevertheless,
of unauthorized absence.
denied.
furnished upon request.
The names and votes of the members of the panel will be
Accordingly, your application has been
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
it is important to keep in mind that
the Board.
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
In this regard,
Sincerely,
W. DEAN PFEIFFER
Executive Director
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