DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 1849-00
29 August 2000
Dear Mr.
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 22 August 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
The Board found you enlisted in the Marine Corps on 21 January
1970 at the age of 17.
a year and seven months without incident but on 26 August 1971
you received nonjudicial punishment (NJP) for failure to obey a
On 8
lawful order and were awarded reduction to
November 1971 you were recommended for a general discharge by
reason of unsuitability due to your defective attitude.
it appears that this recommendation was disapproved.
Approximately a month later,
convicted by summary court-martial (SPCM) of a one day period of
unauthorized absence (UA) and disobedience and were sentenced to
reduction to
restriction for 30 days.
paygrade E-l, forfeitures totalling $150, and
paygrade E-l.
However,
on 20 December 1971, you were
Your record further reflects that during the period from 12
January to September 1972 you received NJP on two occasions and
were convicted twice by SCM.
restriction, absence from your appointed place of duty, failure
Your offenses were breaking
to have a valid identification card in your possession, six
incidents of failure to go to your appointed place of duty,
disobedience, sleeping on post, and leaving your post without
being properly relieved.
Subsequently, you were notified of pending administrative
separation action by reason of misconduct due to frequent
involvement of a discreditable nature with military authorities.
After consulting with legal counsel you elected to present your
case to an administrative discharge board (ADB).
officer recommended you be issued an other than honorable
discharge by reason of misconduct.
Your commanding
On 28 November 1972 you received NJP on two occasions for two
incidents.of disrespect and disobedience.
received your sixth NJP for failure to go to your appointed place
of duty and were awarded a $72 forfeiture of pay and extra duty
for a week.
recommended you be issued an other than honorable discharge by
reason of misconduct due to frequent involvement of a
discreditable nature with military authorities as evidenced by
six
Subsequently, on 21 December 1972, an ADB
NJPs and three court-martial convictions.
On 8 December 1972 you
Your record contains an unit punishment book entry dated 26
January 1973 in which you were charged with two specifications of
sodomy and communicating threat.
indicate that any disciplinary action wasâtaken for these
offenses.
However, the record does not
Subsequently, the discharge authority approved the recommendation
for an other than honorable discharge and on 31 January 1973 you
were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity and your contention that you believed
your discharge would be automatically upgraded six months after
The Board further considered your contention
your separation.
that you would like your discharge upgraded so that you may
obtain medical benefits.
factors and contentions were not sufficient to warrant
recharacterization of your discharge given the serious nature of
NJPs and three
your frequent misconduct,
court-martial convictions.
merely because of the passage of time.
circumstances of your case,
was proper as issued and no change is warranted.
your application has been denied.
the Board concluded your discharge
Accordingly,
However, the Board concluded these
Further, no discharge is upgraded
which resulted in six
Given all the
The names and votes of the members of the panel will be furnished
upon request.
2
It is regretted that the circumstances of your case are such that
You are entitled to have the
favorable action cannot be taken.
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
3
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