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 NAW ANNEX
WASHINGTON DC ZOWO-5lW
CRS
Docket No: 4850-98
12 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 11 August 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 injustice.
The Board found that you enlisted in the Marine Corps on 3 August
1978 at age 18. Your record reflects that you received five
nonjudicial punishments. The offenses included unauthorized
absences totalling at least 37 days, absence from your appointed
place of duty, breaking restriction on two occasions, and having
an unclean rifle.
A special court-martial convened on 12 November 1981 and found
you guilty of an unauthorized absence of 41 days and stealing a
cassette recorder. The court sentenced you to confinement at
hard labor for three months, forfeitures of $367 per month for
three months, and a bad conduct discharge. You received the bad
conduct discharge on 15 July 1983.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your personal problems
and contention that the offenses were minor and the discharge was
too harsh. However, the Board concluded that these factors were
not sufficient to warrant recharacterization of your discharge
due to your six disciplinary actions, one of which was
sufficiently serious to warrant a special court-martial. Based
on the foregoing, the Board concluded that 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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