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NAVY | BCNR | CY2005 | 03152-05
Original file (03152-05.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVY
 BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
                                                                                          WASHINGTON DC 20370-5100        

                                                                                                   CRS
 Docket No: 3152-05
10 May 2006









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 10 May 2006. Your allegations of error and 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.

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 24 June 1957. The record reflects that you received nonjudicial punishment and were convicted by a summary court-martial. The offenses included unauthorized absences totaling 13 days.

A general court-martial convened on 28 August 1958 and found you guilty of use of marijuana on two occasions, transfer of marijuana on two occasions and possession of five grams of marijuana and 25 marijuana cigarettes. The court sentenced you to confinement at hard labor for three years, forfeiture of all pay and allowances and a dishonorable discharge. You received the dishonorable discharge on 10 April 1959.

In its review of your application the Board carefully weighed all potentially mitigating factors, such as the contention that the general court-martial charges were unjust. However, these factors were not sufficient to warrant recharacterization of your discharge, given your selling of drugs and two prior disciplinary actions. Further, the Board has no authority to disturb the





findings or sentence of a court-martial based on claims of legal error. Based on the foregoing, the Board concluded that no change to the discharge 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 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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