DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
TRG
Docket No:
6 December 2002
7631-02
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 on 4 December 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Marine Corps on 4 January 1954 at age 18.
During the period from 22 August 1955 to 6 February 1956 you
received nonjudicial punishment on three occasions for two
periods of unauthorized absence totaling less then two days and
disobedience.
On 14 June 1956
A special court-martial convened on 8 March 1956 and convicted
you of an unauthorized absence of about 16 days.
you were convicted by a summary court-martial of failure to go to
your appointed place of duty and disobedience.
A second special
court-martial convened on 27 September 1956 and convicted you of
two periods of unauthorized absence totaling about 34 days and
disobedience.
per month for six months,
months and a bad conduct discharge.
elected to waive your right to request restoration to duty
stating that you had family problems and that you could not
adjust to military life.
21 February 1957.
confinement at hard labor for six
On 9 January 1957 you
The court sentenced you to forfeiture of $65 pay
The bad conduct discharge was issued on
In its review of your application,
the Board carefully weighed
all potentially mitigating factors, such as your youth, limited
education and your contention that you could not adjust to
The Board found that
military life because of claustrophobia.
these factors and contentions were not sufficient to warrant
recharacterization of your discharge given the frequency of your
misconduct and especially the offenses of which you were
convicted at the last court-martial.
record to show that you were ever diagnosed with claustrophobia.
You certainly did not mention that condition when you elected to
waive the right to request restoration to duty.
There is nothing in the
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
The names and
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.
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
2
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