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NAVY | BCNR | CY2000 | 06969-00
Original file (06969-00.pdf) Auto-classification: Denied
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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