DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
CRS
Docket No: 596-01
8 August 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
Your allegations of error and
application on 24 July 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.
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
November 1968 at age 17.
The offenses included an
five nonjudicial punishments.
unauthorized absence of 22 days,
absence from your appointed place
drunk and disorderly conduct,
of duty, failure to obey a lawful order, and a uniform violation.
Subsequently, on 25 February 1972 you were convicted by civil
authorities of assault with a deadly weapon inflicting serious
The court sentenced you to confinement for three
injuries.
years.
On 1 June 1972 an administrative discharge board recommended that
you be separated with an undesirable discharge by reason of
misconduct based on the civil conviction.
discharge authority, the recommendation for separation was
approved and you were discharged with an undesirable discharge on
30 June 1972.
In its review of your application the Board carefully weighed all
en,listed in the Marine Corps on 20
The record reflects that you received
disrespect on two occasions,
After review by the
that these factors were not sufficient to
potentially mitiga ing factors, such as your youth and
immaturity, person 1 problems, and service in Vietnam.
the Board conclude
warrant recharacterization of your discharge, given the
seriousness of the'civil conviction and your frequent military
The
Accordingly, your application has been denied.
offenses.
names and votes of the members of the panel will be furnished
upon request.
It is regretted that the circumstances of your case are
favorable action cannot be taken.
Board reconsider i
eiridence or other
In this regard, it is important to keep in mind that a
presumption of
ret
Consequently, wher
record, the burder
prob;
existence of
You are entitled to have the
s decision upon submission of new and material
atter not previously considered by the Board.
larity attaches to
applying for a correction of an official naval
is on the applicant to demonstrate the
le material error or injustice.
all official records.
However,
.such that
$
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1
1
1
Sincerely,
W. DEAN PFEIFFER
Executive Director
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