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

CRS
Docket No: 5960-06
1 November 2006

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 1 November 2006. 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 Boa d found that the evidence submitted was insufficient to establish the existence of probable material error or injustice.

The Board found that you enlisted in the Marine Corps on 7 October 1953. The record reflects that you were convicted by a summary court-martial and a special court-martial. The offenses included an unauthorized absence of one day, theft of dress shoes, breaking restriction, absence from your appointed place of duty and failure to obey a lawful order.

A general court-martial convened on 6 December 19 and found you guilty of an unauthorized absence of 148 days. The court sentenced you to confinement at hard labor for one year, forfeiture of all pay and allowances, and a bad conduct discharge. Upon completion of appellate review, you received the bad conduct discharge on 12 September 1956.

After your discharge, a congressman made an inquiry on your behalf concerning an application you submitted to reverse your discharge. However, Headquarters Marine Corps later advised the congressman that no such application had been located, and that you should apply to this Board.

In its review of your application the Board carefully weighed all potentially mitigating factors, such as the contention that your appeal was not heard and that your manic depression caused your misconduct. Nevertheless, these factors were not sufficient to warrant recharacterization of your discharge, given your unauthorized absence of five months. In this regard, there is no evidence in the record, nor did you present any evidence to show that you suffered from any form of mental illness while on active duty or, if you did, that it made you unable to tell right from wrong or unable to adhere to the right, or that it was sufficiently mitigating to warrant recharacterization. Further, you have presented no evidence that your appeal rights were not fully protected during the appellate review of your case, or that you ever submitted a prior application to this Board concerning your discharge. 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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