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NAVY | BCNR | CY2001 | 01557-00
Original file (01557-00.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS

Y

2 NAVY ANNEX

WASHINGTON DC 20370-5100

TJR
Docket No: 1557-00
28 June 2000

Dear

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 13 June 2000.
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 a

The Board found you enlisted in the Marine Corps on 26 June 1963
at the age of 17.
year without incident but on 24 September 1964 you were convicted
by summary court-martial (SCM) of a 22 day period of unauthorized
paygrade  E-l and hard
absence (UA) and sentenced to reduction to  
A year and three months later, on 8 December
labor for 14 days.
1965, you received nonjudicial punishment (NJP) for receiving
stolen property valued at $55.56 and were awarded a reduction in
rate.
martial (SPCM) of two periods of UA totalling 50 days.
sentenced to confinement at hard labor for four months and
forfeitures totalling $236.

On 14 November 1966 you were convicted by special  

court-
You were

Your record further reflects that on 19 January 1967, while in a
UA status, you were convicted by civil authorities of armed
robbery and sentenced to confinement for one year and probation
for five years.
administrative separation by reason of misconduct due to civil
conviction.
you an other than honorable discharge by reason of misconduct,
and on 14 July 1967 you were so discharged.

Your commanding officer was then directed to issue

Subsequently, you were processed for an

The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity, good post service conduct, and your
contention that you would like your discharge upgraded so that
you may receive veteran's benefits.
these factors were not sufficient to warrant a change in your
discharge given the serious nature of your misconduct in both the
military and civilian communities.
Given all the circumstances
of your case, the Board concluded your discharge was proper and
no change is warranted.
Accordingly, your application has been
denied.

However, the Board concluded

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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