DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TJR
Docket No: 5919-12
22 June 2012
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 19 June 2012. The names and votes of the
members of the panel will be furnished upon request. 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 entered active duty in the Marine Corps on 1 December 1954.
The Board found that during the period from 30 August 1955 to 4
September 1956 you received nonjudicial punishment (NOP) on two
occasions and were convicted by summary court-martial (SCM) and
special court-martial (SPCM). Your offenses were three periods
of unauthorized absence (UA) totalling 38 days and being found
with an unclean rifle.
The Board also found that on 13 June 1957 you were again
convicted by SCM of scratching the back of your neck with a
pistol and wrongful possession, with intent to deceive, of an
unauthorized liberty pass. You were sentenced to restriction for
30 days, a $50 forfeiture of pay, and reduction to paygrade E-1,
which was suspended for six months. Shortly thereafter, on 16
September and again on 5 November 1957, you received NJP for
absence from your appointed place of duty and being found with an
unclean rifle. Subsequently, you received a general
characterization of service on 28 November 1958.
The Board, in its review of your entire record and application
carefully weighed all potentially mitigating factors to include
your desire to remove the SCM convened on 13 June 1957 and be
reinstated in paygrade E-2. Nevertheless, the Board concluded
these factors were not sufficient to warrant relief in your case.
Further, the Board has no authority to consider contentions
pertaining to improprieties in courts-martial and must limit its
review to determining whether the sentence should be modified as
a matter of clemency. With that being said, the Board concluded
that your commanding officer's decision to convene all of the
courts-martial and the sentences thereto, were appropriate, and
that the imposition of NJPs for your misconduct was also
appropriate. Accordingly, your application has been denied.
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,
LoSea de,
W. DEAN PFESF
Executive D oO
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