DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
ELP
Docket No. 3442-01
5 October 2001
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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.
considered your application on
Your allegations of error and injustice were
A three-member panel of the Board for Correction of Navy Records,
sitting in executive session,
3 October 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.
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
13 November 1974 for two years at age 18.
The record reflects
that you served for only four months without incident.
During
the three month period from March to June 1975 you received four
nonjudicial punishments (NJP) for urinating on your mattress,
breaking restriction, possession of marijuana, and disobedience
of a lawful order.
On 26 September 1975 you requested an undesirable discharge for
the good of the service in lieu of trial by court-martial for two
periods of unauthorized absence (UA) totalling about 15 days,
disrespect, insubordination, and destruction of government
property.
the service was denied.
However, your request for discharge for the good of
On 5 November 1975 you were convicted by special court-martial of
two periods of UA; from 2-4 September and 7-19 September 1975;
You were
disrespect; and destruction of government property.
sentenced to confinement at hard labor for three months,
forfeitures of $240 per month for three months, and a bad conduct
discharge.
On 19 December 1975 you waived the right to request
restoration to duty and requested that the bad conduct discharge
D$cember
be executed.
1975 and placed on appellate leave.
affirmed the findings and the sentence on 9 April 1976.
received the bad conduct discharge on 18 June 1976.
The Navy Board of Review
You
You were released from confinement on 29
you were never afforded
The Board noted your contentions to the effect that
In its review of your application the Board carefully weighed all
potentially mitigating factors such as your youth and immaturity,
limited education, low test scores, letters of reference, and the
fact that it has been more than 25 years since you were
discharged.
alcohol and drugs were a contributing factor for the misconduct
which led to your discharge,
rehabilitation treatment, you would not have received such a
harsh discharge without rehabilitation under current standards,
and that you have been sober for the past six years.
concluded that the foregoing factors and contentions were
insufficient to warrant recharacterization of your discharge
given your record of four NJPS and a special court-martial
conviction in only 19 months of service.
that the availability of drug rehabilitation treatment was
limited in 1975.
guilty of too misconduct in only 19 months of service to warrant
clemency or recharacterization to honorable or under honorable
conditions.
adjustment is commendable but is insufficient to warrant
recharacterization of your service.
discharge were effected in accordance with applicable law and
regulations, and the discharge appropriately characterizes your
service.
obtained by the Board shows that your post-service conduct has
been marred by convictions of battery on a police officer, drunk
driving, resisting arrest, fighting in a public place, a weapons
offense, and giving a false identification to a police officer.
Additionally, a Federal Bureau of Investigation report
The fact that you have made a good post-service
Your conviction and
The Board
However, the Board concluded that you were
The Board was aware
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon request.
that,the circumstances of your case are such
It is regretted
that favorable action cannot be taken.
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.
You are entitled to have
2
when applying for a correction of an official naval
Consequently,
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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