DEPARTMENTOFTHE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
ELP
Docket No. 1963-01
6 August 2001
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.
Your allegations of error and
A three-member panel of the Board for Correction of Navy Records,
sitting in executive session,
1 August 2001.
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.
considered your application on
injustice.were
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.
You were advanced to PFC (E-2) and served for nearly
You enlisted in the Marine Corps for three years on 31 May 1975
at age 19.
six months without incident.
from November 1975 to October 1976 you received two nonjudicial
punishments (NJP) for two periods of unauthorized absence (UA)
totalling about 29 days.
However, during the 11 month period
On 3 March 1977 you were convicted by special court-martial of
a 62-day period of UA, from 13 December 1976 to 13 February 1977.
You were sentenced to confinement at hard labor for two months,
forfeitures of $240 per month for two months, reduction in
rank to PVT (E-l), and a bad conduct discharge.
the convening authority approved the sentence but that portion
adjudging confinement in excess of 30 days and forfeitures in
excess of $240 for one month was remitted.
appellate leave on 29 April 1977 and the Navy Board of Review
You were placed on
On 1 April 1977
affirmed the findings and the sentence on 15 June 1977.
was denied and you received the bad conduct discharge on 18 Sep-
tember 1981.
Clemency
The Board considered your contention that when you
19-year old going on 16 and you regret the
The Board concluded that
In its review of your application the Board carefully weighed all
potentially mitigating factors such as your youth and immaturity
and the fact that it has been nearly 20 years since you were
discharged.
enlisted you were a
actions which led to your discharge.
the foregoing factors and contention were insufficient to warrant
recharacterization of your discharge given your record of two
NJPs and a special court-martial conviction.
discharge were effected in accordance with applicable law and
regulations and the Board found no basis for recharacterizing
your service.
proper and no change is warranted.
has been denied. The names and votes of the members of the panel
will be furnished upon request.
Your conviction and
The Board thus concluded that the discharge was
Accordingly, your application
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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