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NAVY | BCNR | CY2001 | 00301-01
Original file (00301-01.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 CRS

Docket No: 301-01
6 July 2001

 

 

Dear Sixmaeiinemates,

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 27 June 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 24 July
1970 at age 17. The record reflects that you received two
nonjudicial punishments. The offenses included breach of the
peace and disrespect.

A special court-martial convened on 7 September 1972 and you were
found guilty of burglarizing a sergeant’s quarters with the
intent to commit larceny, and possession of marijuana on two
occasions. The court sentenced you to confinement at hard labor
for four months, forfeitures of $100 per month for four months, a
reduction in pay grade, and a bad conduct discharge. You
received the bad conduct discharge on 22 January 1974.

In its review of ‘your application the Board carefully weighed all
potentially mitigating factors, such as your request for
clemency, your satisfactory conduct and proficiency marks and
your assertion that the sentence was too severe compared with
current standards. However, the Board concluded that these
factors were not sufficient to warrant recharacterization of your
discharge due to the seriousness of the offenses. The Board also
noted that during a period of less than four years, you were the
subject of three disciplinary actions, including a conviction by
special court-martial. In this regard, under current standards
you probably would have received the same 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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