DEPARTMENT OF THE NAVY
B O A R D F O R C O R R E C T I O N O F N A V A L R E C O R D S
2 N A V Y A N N E X
W A S H I N G T O N D C 2 0 3 7 0 - 5 1 0 0
CRS
Docket No: 6969-00
8 March 2001
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 7 March 2001. 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 1
February 1973 at age 18. The record reflects that you received
three nonjudicial punishments and were convicted by two summary
courts-martial. The offenses included unauthorized absences
totalling 96 days, willful disobedience of a lawful order, and
absence from your appointed place of duty.
On 30 June 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 the
right to present your case to an administrative discharge board.
Subsequently, you received a fourth nonjudicial punishment for
absence from your appointed place of duty on two occasions.
After review by the discharge authority, the recommendation for
separation was approved and you were discharged with an
undesirable discharge on 12 November 1975.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your y o u t h and
immaturity. However, the Board concluded that these factors were
not sufficient to warrant recharacterization of your discharge,
given your record of frequent involvement with military
authorities. The Board especially noted the fact that you were
the subject of six disciplinary actions within a period of less
than three years. 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 h v e 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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