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 20370-5100
CRS
Docket No: 8793-98
27 May 1999
Dear --h.
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 21 April 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 on 24 July
1976 at age 17. Prior to the offenses for which you received a
bad conduct discharge, you received three nonjudicial
punishments. The offenses included unauthorized absences
totalling eight days, falsifying a sick bay chit, and failure to
obey a lawful order.
A special court-martial convened on 7 February 1980 and found you
guilty of stealing a tape player and two speakers valued at $350.
The court sentenced you to confinement at hard labor for five
months, and a bad conduct discharge. Subsequently, you were
convicted by a second court-martial of an unauthorized absence of
169 days. You received the bad conduct discharge on 29 May 1981.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and immaturity
and the contention that you were offered an honorable discharge.
However, the Board concluded that these factors were not
sufficient to warrant recharacterization of your discharge due to
l
the serious theft offense, and since your total period of
unauthorized absence was about six months. In this regard, there
is no evidence and you have presented none that you were offered
an honorable discharge. 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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