DEPA RT M E NT OF TH E NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No: 1343-99
12 April 1999
Dear~
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 8 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
injustice.
The Board found that you enlisted in the Marine Corps on 11 February 1975. You were
discharged under other than honorable conditions on 3 March 1976, pursuant to your request,
for the good of the service in lieu of trial by court-martial for unauthorized absence from 24
July 1975 to 8 January 1976.
Your contention that you were struck by a drill instructor and suffered a fractured tooth was
not accepted by the Board, as it is unsubstantiated. The ~oard concluded that your discharge
was properly characterized with a discharge under other than honorable conditions, in view
of the length of your unauthorized absence. The Board noted that you avoided substantial
jeopardy when your request for discharge was accepted, and it could find any basis for
upgrading 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 èircumstances 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
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.
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.
In this
Sincerely,
W. DEAN PFEIFFER
Executive Director
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