DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR
Docket No: 210-01
28 June 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 26 June 2001.
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
and applicable statutes, regulations,
thereof, your naval record,
and policies.
opinion provided by the Naval Medical Center, a copy of which is
enclosed for your information.
In addition, the Board considered the advisory
Your allegations of error and
After careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
Your record reflects that on 28 August 1972
The Board found you enlisted in the Marine Corps on 19 April 1972
at the age of 17.
you received nonjudicial punishment (NJP) for a day of
unauthorized absence (UA) and were awarded extra duty for 14
On 22 November 1972 you were convicted by summa ry
days.
martial (SCM) of a 21 day period of UA and disrespect.
sentenced to confinement for 30 days and forfeitures totalling
$192.
court-
You were
Your record further reflects that on 10 May 1973 you received NJP
for sleeping on post and were awarded restriction for 10 days.
Your record also-contains an entry which notes that you were UA
However, the
from 5 to 29 June 1973 for a total of 29 days.
record does not reflect the disciplinary action taken, if any,
On 19 October 1973 you received NJP for
for this period of UA.
two incidents of disobedience and were awarded a $40 forfeiture
of pay.
On 29 January 1974 you were convicted by special court-martial
(SPCM) of an eight day period of UA, failure to obey a lawful
order, and disrespect.
of pay, reduction to
two months, and a bad conduct discharge (BCD).
submitted a written request for immediate execution of the BCD.
The BCD was approved at all levels of review and on 12 December
1974 you were so discharged.
You were sentenced to a $434 forfeiture
paygrade E-l, confinement at hard labor for
Subsequently, you
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity.
factors were not sufficient to warrant recharacterization of your
discharge because of the seriousness of your repetitive
misconduct, especially your frequent and lengthy periods of UA.
Given the circumstances of your case,
the Board concluded your
discharge was proper as issued and no change is warranted.
Accordingly, your application has been denied.
However, the Board concluded these
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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