DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX TRG
WASHINGTON DC 20370-5100 Docket No: 8350-07
12 November 2008
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 November 2008. 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.
You enlisted in the Marine Corps on 12 January 1951 at age 17.
During the period from 22 May 1951 to 4, September 1953 you were
convicted by a special court-martial and three summary courts-
martial and received nonjudicial punishment on two occasions.
Your offenses were six periods of unauthorized absence totaling
about 27 days, disobedience and possession of another's liberty
card. The record also shows that on 29 December 1953, you were
arrested by civil authorities for possession of narcotics and
were subsequently convicted to the California Youth Authority.
Based on the foregoing record, you were processed for an
administrative discharge. An administrative discharge board met
on 6 January 1954 and recommended an undesirable discharge.
After review, the separation authority directed an undesirable
discharge and you were so discharged on 27 January 1954.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and contention
that you were an alcoholic at the time of your service. You
State that after discharge you received treatment and have been
straight and sober for 36 years. The Board found that these
factors and contention were not sufficient to warrant
recharacterization of your discharge given the frequency of your
misconduct. The Board concluded that the 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,
La Dean
W. DEAN PFEIFRE
Executive Di
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