DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 TRG
Docket No: 3588-05
20 October 2005
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, which you submitted on behalf of your late husband.
A three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on 18 October
2005. 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 late husband’s 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.
Your husband enlisted in the Marine Corps on 17 February 1956 at age 17.
During the period from 20 November 1956 to 21 May 1958 he received
nonjudicial punishment on four occasions and was convicted by a summary
and a special court-martial. His offenses were four periods of
unauthorized absence totaling about 37 days, absence from his appointed
place of duty, and destruction of a government driver’s license.
A special court-martial convened on 17 December 1958 and convicted him of
an unauthorized absence of about 91 days. The court sentenced him, as
mitigated, to forfeiture of $55 pay per month for four months,
confinement at hard labor for four months and a bad conduct discharge. On
13 February 1959, he waived the right to request restoration to duty,
stating that he could not adjust to military life. The bad conduct
discharge was issued on 27 March 1959.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as his youth and the contention that
your husband’s unauthorized absences occurred
because he needed to be home with his brother who was terminally ill. The
Board found that these factors were not sufficient to warrant
recharacterization of his discharge given his extensive disciplinary record
and especially the final lengthy period of unauthorized absence. The Board
noted that the court-martial sentence was mitigated because of the family
hardship which contributed to his disciplinary status. The Board concluded
that his 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 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 PFIEFFER
Executive Director
2
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