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NAVY | BCNR | CY2001 | 02062-01
Original file (02062-01.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 20370-5100

CRS
Docket No: 2062-01
16 November 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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 7 November 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.

Your allegations of error and

' The Board found that you enlisted in the Marine Corps on 26
The record reflects that you received two
August 1969 at age 17.
courts-
nonjudicial punishments and were convicted by two special 
martial.
The offenses included unauthorized absences totalling
100 days, breaking restriction, willful disobedience of a lawful
order, pointing a pistol at a fellow Marine, and communicating a
threat.
On 21 September 1971 the commanding officer recommended that you
be separated with an undesirable discharge by reason of
unfitness.
When informed of the recommendation, you elected to
waive the right to present your case to an administrative
discharge board.
punishments.
place of duty on five occasions,
order on three occasions,
After review by the discharge authority, the recommendation for
separation was approved and you were discharged with an
undesirable discharge on 24 February 1972.

Subsequently, you received two more nonjudicial
willful disobedience of a lawful

The offenses included absence from your appointed

and disrespect on three occasions.

such as your youth and immaturity

In its review of your application the Board carefully weighed all
potentially mitigating factors,
and the contention that racism caused your problems.
However,
the Board concluded that these factors were not sufficient to
warrant recharacterization of your discharge, given your record
In this
of frequent involvement with military authorities.
six
regard, the Board noted that you were the subject of 
disciplinary actions within a period of less than three years.
Concerning your contention of racism, you have submitted no
evidence to support such a contention.
Based on the foregoing,
the Board concluded that no change to the discharge is warranted.
Accordingly, your application has been denied.
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.

The names and

Sincerely,

W. DEAN PFEIFFER
Executive Director



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