D E P A R T M E N T O F T H E N A V Y
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 3990-98
24 August 1999
Dear
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 28 July 1999. 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 in justice.
The Board found that you enlisted in the Marine Corps Reserve on
1 May 1972 at age 17. You reported for initial active duty for
training on 5 May 1972. Upon completion of this training on 4
November 1972 you were assigned to a Marine Corps Reserve unit.
However, due to your failure to attend regularly scheduled
drills, on 20 December 1973 you were ordered back to active duty
for 18 months. Subsequently, you received two nonjudicial
punishments and were convicted by a special court-martial. The
offenses included unauthorized absences totalling 47 days,
absence from your appointed place of duty and dereliction of
duty. On 16 January 1975 you were convicted by civil authorities
of failing to appear in court, turning movements and required
signals, and speeding. On 25 February 1975 you were convicted by
a special court-martial of an unauthorized absence of 29 days.
On 19 April 1975 the commanding officer recommended that you be
separated with an undesirable discharge by reason of unfitness.
When informed of the recommendation, you elected to waive your
right to present your case to an administrative discharge board.
After review by the discharge authority, the recommendation for
separation was approved and you were discharged with an
undesirable discharge on 14 May 1975.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and immaturity
and limited education. However, the Board concluded that these
factors were not sufficient to warrant recharacterization of your
discharge, given your record of frequent involvement with
civilian and military authorities. The Board especially noted
the fact that you were the subject of four disciplinary actions
and a civil conviction within a period of somewhat more than
three years. Therefore, the Board concluded that in view of your
persistent misconduct, no change to the discharge 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,
W. DEAN PFEIFFER
Executive Director
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