DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC
20370-5100
TJR
Docket No: 493-01
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
thereof, your naval record,
and applicable statutes, regulations,
and policies.
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 you served for
The Board found you enlisted in the Marine Corps on 27 February
1972 at the age of 17.
a year without disciplinary incident but on 20 March 1973 you
received nonjudicial punishment
(NJP) for a 10 day period of
(UA) and were awarded restriction for 14
unauthorized absence
days and a $150 detention of pay.
1973, you received NJP for a day of UA and were awarded
correctional custody for 14 days.
convicted by special court-martial of three periods of UA
totalling 49 days and breaking restriction.
to confinement at hard labor for a month, a $210 forfeiture of
pay, and reduction to
suspended for four months.
On 5 November 1973 you were
Shortly thereafter, on 23 May
paygrade E-l.
The confinement was
You were sentenced
Your record further reflects that on 24 April 1974 you received
NJP for a 12 day period of UA and on 17 July 1974 you were
convicted by SPCM of a 10 day period of UA.
On 5 November 1974
you were convicted by summary court-martial (SCM) of a 22 day
period of UA and were sentenced to confinement at hard labor for
30 days and a $200 forfeiture of pay.
On 28 January 1975 you were notified of pending administrative
separation action by reason of unfitness due to frequent
involvement of a discreditable nature with military authorities.
After consulting with legal counsel,
you waived your rights to
present your case to an administrative discharge board and to
submit a statement in rebuttal to the discharge action.
commanding officer recommended an undesirable discharge by reason
of unfitness due to frequent involvement of a discreditable
nature with military authorities as evidenced by the frequent
periods of UA.
Subsequently, the discharge authority directed an
4 other than honorable discharge by reason of misconduct, and on 27
The
February 1975 you were so discharged and assigned an RE-4
reenlistment code.
and your contentions that you could
use of alcohol and drugs, and
The Board further considered your
The Board also
The Board, in its review of your application and your entire
record, carefully weighed all potentially mitigating factors,
such as youth and immaturity,
not serve properly even though you tried, and that you were
unfairly denied ,a compassionate reassignment.
considered your contentions that your ability to serve was
impaired by personal problems,
certain other problems.
contentions that you should not continue to suffer the adverse
consequences of an undesirable discharge, and that under current
standards you would not have received such a discharge.
the Board concluded these factors and contentions were not
sufficient to warrant recharacterization of your discharge or a
change in the narrative reason for separation or reenlistment
code because of the serious nature of your repetitive and lengthy
periods of UA, which resulted in six disciplinary actions in
three years of service.
Given all the circumstances of your
case, the Board concluded your discharge, narrative reason for
separation, and reenlistment code were proper as issued and no
change is warranted.
required when an individual is separated under other than
honorable conditions.
evidence in the record, and you submitted none, to support your
contentions.
standards, you could receive the same type of discharge for the
misconduct of record.
denied.
Finally, the Board noted that under current
Accordingly, your application has been
Further, an RE-4 reenlistment code is
The Board also noted that there is no
However,
The names and votes of the members of the panel will be furnished
upon request.
that the circumstances of your case are such that
It is regretted
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
2
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
3
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