DEPARTMENT OF THE NAVY
-,
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC
20370-5100
TRG
Docket No:
17 October 2001
3947-01
Dea
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10 of the 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 16 October 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.
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.
Your offenses were eight periods of unauthorized
You enlisted in the Marine Corps on 12 January 1979 at age 19.
During 1979 you received nonjudicial punishment on three
occasions.
absence totaling about 74 days and larceny.
were convicted by a special court-martial of an unauthorized
absence of about 63 days, breaking restriction and altering an
identification card.
labor without confinement.
On 18 March 1980 you
The court sentenced you to 45 days of hard
Based on the foregoing record, you were processed for an
administrative discharge by reason of misconduct.
In connection
with this processing, you elected to waive the right to have your
case heard by an administrative discharge board.
On 8 May 1980
the Assistant Secretary of the Navy approved the recommendation
of your commanding officer and the Bureau of Naval Personnel that
you be discharged under other than honorable conditions.
However, while the administrative discharge recommendation was
being processed, you began another series of unauthorized
absences.
During the period 25 April to 1 July 1980 you were an
unauthorized absentee on three occasions totaling about 35 days.
You were subsequently convicted of the theft of an
On 5 July 1980 you began a another period of unauthorized
Five days later, you were apprehended by civil
absence.
authorities.
automobile and were sentenced to three years probation.
returned to the Marine Corps on 12 February 1981, a total period
A special court-martial convened
of absence of
on 27 March 1981 and convicted you of the foregoing four periods
of unauthorized absence totaling about 262 days.
sentenced you, as mitigated,
and a bad conduct discharge.
issued on 27 July 1982.
to 45 days confinement at hard labor
The bad conduct discharge was
about 217 days.
You were
The court
In its review of your application,
the Board carefully weighed
all potentially mitigating factors, such as your youth, limited
education and your contention, in effect, that drug and alcohol
abuse led to your misconduct.
and contentions were not sufficient to warrant recharacterization
of your discharge given your multiple and lengthy periods of
unauthorized absence and other misconduct.
There is no evidence
in the record, and you have submitted none, to show that drug and
alcohol abuse was a factor in your case.
However, even if true,
the regulations state that alcohol and drug abuse do not excuse
misconduct, and disciplinary action is appropriate in such cases.
The Board found that these factors
The Board concluded that the discharge was proper as issued and
no change is warranted.
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
The names and
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
2
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