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NAVY | BCNR | CY2001 | 02171-01
Original file (02171-01.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 20370-5100

CRS
Docket No: 2171-01
26 October 2001

Dear

This is in reference to your
naval record pursuant to the
States Code, Section 1552.

application for correction of your
provisions of Title 10, United

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 24 October 2001.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
Board.
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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.

The Board found that you enlisted in the Marine Corps on 19 June
1975 at age 17.
nonjudicial punishments.
absences totalling two days, assault,
order, absence from your appointed place of duty, and use of
Valium.

The record reflects that you received three
The offenses included unauthorized

failure to obey a lawful

A special court-martial convened on 20 June 1977 and found you
guilty of unauthorized absences totalling 23 days, absence from
your appointed place of duty, assault, drunk and disorderly
conduct, and being incapacitated for duty.
The court sentenced
you to confinement at hard labor for three months, forfeitures of
$245 per month for three months,
and a bad conduct discharge. On
30 August 1977 the bad conduct discharge was suspended.
you were then an unauthorized absentee in the hands of civil
authorities and confined for a total of more than 200 days.
were also charged with other misconduct.
1978 the suspended  
For some unknown reason you did not receive the bad conduct

bad- conduct discharge was ordered executed.

However,

You
Accordingly, on 30 May

discharge until 2 July 1981.
In its review of your application the Board carefully weighed all
such as your youth and immaturity
potentially mitigating factors,
However, the Board concluded that
and good postservice conduct.
these factors were not sufficient to warrant recharacterization
of your discharge, given the seriousness of the offenses.
Board also noted that the initial sentence to a bad conduct
discharge was suspended,
better discharge.
which resulted in the discharge being executed.
foregoing, the Board concluded that no change to the discharge is
warranted.
The
names and votes of the members of the panel will be furnished
upon request.

However, you continued to commit offenses,
Based on the

Accordingly, your application has been denied.

thus giving you an opportunity to earn a

The

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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