DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 2365-08
9 January 2009
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 7 January 2009. 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.
On 2 August 1948, you enlisted in the Marine Corps at age 17
with parental consent. On 28 February 1950, you had captain's
mast (CM) for an affray. On 26 July 1950, you were convicted
by a summary court-martial of theft of a pistol and possession
of a dangerous weapon on board a ship. Your sentence included
forfeitures of pay and a bad conduct discharge (BCD). The BCD
was subsequently suspended and you were placed on probation for
a period of six months. On 3 August 1950, you had CM for not
observing taps. On 25 August 1950, the Secretary of the
Navy approved the sentence of your court-martial. On
26 August 1950, you had CM for about a 17 hour period of
unauthorized absence at which time your suspended BCD was
ordered executed. You subsequently had another CM for refusal
to fall out for drill and insubordination. On 18 October 1950,
you were discharged with a BCD.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth,
service during the Korean War, and desire for a better
discharge. Nevertheless, the Board concluded that these
factors were not sufficient to warrant recharacterization of
your discharge due to the seriousness of your misconduct.
Therefore, 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,
“-”~wW. DEAN PFFIFFER
Executive Director
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