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

TJR
Docket No: 5183-03
18 May 2004

MR XXXXXXX

Dear Mr. XXX:

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 11 May 2004. 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 8 December 1952 at age 17. You served without disciplinary incident until 12 August 1953 when you were convicted by summary court-martial (SCM) of a 14 day period of unauthorized absence (UA). You were sentenced to confinement at hard labor for 14 days and a $25 forfeiture of pay. On 23 November 1953 you received nonjudicial punishment (NJP) for absence from your appointed place of duty and were awarded extra duty for two weeks.

On 15 April 1954 you were convicted by special court-martial (SPCM) of a 44 day period UA and sentenced to confinement at hard labor for 60 days and a $150 forfeiture of pay. You received your second NJP on 14 December 1954 for a seven day period of UA. The punishment imposed was extra duty for two weeks and reduction to paygrade E-1.

On 11 July 1955 you were convicted by general court-martial (GCM) of an 89 day period of UA and were sentenced to confinement at hard labor for nine months, forfeiture of all pay and allowances, and a bad conduct discharge (BCD). On 5 December 1955 you submitted a written request for restoration to duty, in which you stated, in part, that you wanted your record cleared so that you could receive an honorable discharge.

On 3 February 1956 you submitted a written retraction to the 5 December 1955 request for restoration in which you requested immediate execution of the BCD. This request stated in part, as follows:

I request discharge instead of restoration to duty. I have previously submitted a request for restoration dated 5 December 1955. I hereby wish to retract that request and waive my rights to request restoration to duty because I didn’t quite understand what I wanted to do when I went before the board. But I am sure now that I do not want to go back to duty.

The BCD was subsequently approved at all levels of review and on 9 March 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 immaturity and your assertion that you could not adjust to aviation school. 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 two NJPs and three court-martial convictions, and your request for immediate execution of the BCD. 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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