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NAVY | BCNR | CY2006 | 06283-06
Original file (06283-06.rtf) Auto-classification: Denied

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

 TJR
 Docket No: 6283-06
16 March 2007









This is in reference to your application for correction of your naval record pursuant to the provisions of Title 10, 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 13 March 2007. 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 the evidence submitted was insufficient to establish the existence of probable material error or injustice.
You enlisted in the Marine Corps on 28 November 1953 at age 17 and served without disciplinary incident until 23 July 1954, when you received nonjudicial punishment (NJP) for a two day period of unauthorized absence (UA)
During the period from 24 August to 20 October 1955 you received NJP on three more occasions for two specifications of failure to obey a lawful order and dereliction of-duty.
On 27 January 1956 you were convicted by special court-martial (SPCM) of absence from your appointed place of duty, a one day period of UA, and disrespect. You were sentenced to confinement at hard labor for three months, a $195 forfeiture of pay, and reduction to paygrade E-1. About six months later, on 7 June 1956, you received your fifth NJP for failure to go to your appointed place of duty and were awarded restriction for two weeks.
Subsequently, you were notified of pending administrative separation action by reason of unfitness. After consulting with legal counsel you elected to present your case to an administrative discharge board (ADB). On 23 May 1956 an ADB recommended an undesirable discharge by reason of unfitness. Your commanding officer also recommended an undesirable discharge by reason of unfitness. On 5 June 1956 the discharge authority approved these recommendations and directed an undesirable discharge, and on 18 July 1956 you were so discharged.



The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth and assertion that your discharge was based on one isolated incident. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of the seriousness of your repetitive misconduct which resulted in five NJPs and a court-martial conviction. 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













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