DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS
Y
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 2231-00
21 September 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 6 September 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
and applicable statutes, regulations,
thereof, your naval record,
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.
The Board found you enlisted in the Marine Corps on 7 November
1972 at the age of 17.
Your record reflects that during the period from 29 January to 19
June 1973 you received nonjudicial punishment (NJP) on four
occasions for being asleep while on watch, absence from your
appointed place of duty,
day of unauthorized absence (UA).
failure to obey a lawful order, and a
Your record further reflects that during the period from 6 March
to 19 December 1974 you received NJP on three more occasions for
three periods absence from your appointed place of duty, theft of
$80, and possession of marijuana.
On 28 January 1975 you were by convicted summary court-martial
(SCM) of two periods of absence from your appointed place of
duty, a day of UA, and breaking restriction.
to confinement for 45 days,
forfeiture of pay.
restriction for 60 days, and a $229
You were sentenced
with.military and civilian
On 3 March 1975 the discharge authority directed
Subsequently, you were notified of pending administrative
separation action by reason of unfitness due to frequent
involvement of a discreditable nature
After consulting with legal authorities, you chose
authorities.
to present your case to an administrative discharge board (ADB).
On 31 January 1975 an ADB recommended you be issued an
undesirable discharge by reason of unfitness due to frequent
involvement of a discreditable nature with military and civilian
authorities.
your commanding officer to issue you an undesirable discharge by
reason of unfitness.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
good post service conduct, and your
your youth and immaturity,
contention that have been drug free for the last 10 years and
would now like your discharge upgraded so that you may obtain
better employment.
were not sufficient to warrant recharacterization of your
discharge given the seriousness of your frequent misconduct,
which resulted in seven
NJPs and a court-martial conviction.
Given all the circumstances of your case, the Board concluded
your discharge was proper as issued and no change is warranted.
Accordingly, your application has been denied.
On 2 May 1975 you were so discharged.
However, the Board concluded these factors
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
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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