DEPARTMENTOFTHENAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 2817-00
15 September 2000
Your allegations of error and
application for correction of your
provisions of Title 10, United
This is in reference to your
naval record pursuant to the
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 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
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.
The Board found that you enlisted in the Marine Corps on 19 June
1972 at age 18.
A special court-martial convened on 13 September
1973 and found you guilty of two periods of unauthorized absences
totalling 240 days.
forfeitures of $200 per month for
hard labor for three months,
three months, and a bad conduct discharge.
Subsequently, you
were convicted by a summary court-martial of an unauthorized
The sentence imposed
absence of seven days on 9 November 1973.
consisted of confinement at hard labor for 90 days and a
forfeiture of $200.
The bad conduct discharge was then ordered
executed and you were so discharged on 12 March 1974.
In its review of your application the Board carefully weighed all
potentially mitigating factors,
such as your youth and immaturity
and the contention that the discharge was too harsh.
However,
the Board concluded that these factors were not sufficient to
warrant recharacterization of your discharge due to the fact that
your unauthorized absences
Based on the foregoing,
the Board concluded that no change to the
The court sentenced you to confinement at
totalled more than eight months.
Accordingly, your application has been
The names and votes of the members of the panel will be
discharge is warranted.
denied.
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.
Sincerely,
W. DEAN PFEIFFER
Executive Director
copy to:
Veterans of Foreign Wars
2
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