DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No:
23 June 2003
494-03
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 17 June 2003.
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.
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 10 March 1960 at age 21.
During 1961, you received nonjudicial punishment on three
occasions.
absence, disrespect, drunkenness and disobedience.
Your offenses were a short period of unauthorized
A special court-martial convened on 26 February 1962 and
convicted you of an unauthorized absence of about 18 days.
sentence of the court included confinement at hard labor for
three months.
You were restored to duty on 27 March 1962. A
second special court-martial convened on 2 August 1962 and
convicted you of two periods of unauthorized absence totaling
about 23 days and disobedience.
confinement on 26 September 1962.
You were restored to duty from
The
A third special court-martial convened on 28 February 1963 and
convicted you of an unauthorized absence of about 37 days.
court sentenced you, as mitigated,
month for three months,
months and a bad conduct discharge.
to waive your right to request restoration to duty.
conduct discharge was issued on 10 May 1963.
confinement at hard labor for three
The
to forfeiture of $40 pay per
On 2 April 1965 you elected
The bad
such as your youth and limited
The Board found that these factors and contentions
In its review of your application the Board carefully weighed all
potentially mitigating factors,
education.
were not sufficient to warrant recharacterization of your
discharge given your disciplinary record and especially your
repeated periods of unauthorized absence.
being convicted by courts-martial of periods of unauthorized
absence, you had to know the consequences of further misconduct.
Therefore, your subsequent unauthorized absence was considered to
be indicative of willful misconduct.
the discharge was proper as issued and no change is warranted.
It is clear that after
The Board concluded that
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
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