DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJ R
Docket No: 4154-01
23 November 2001
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 20 November 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
Your record reflects that on 8 June 1964
The Board found you enlisted in the Marine Corps on 7 January
1964 at the age of 17.
you received nonjudicial punishment (NJP) for possession of a
dirty rifle and were awarded correctional custody for seven days.
On 9 November 1965 you were convicted by a special court-martial
You were sentenced to reduction to
(SPCM) of sleeping on post.
paygrade E-l, a $120 forfeiture of pay, and restriction for two
months.
During the period from 17 January to 14 December 1966 you
received NJP on three occasions for absence from your appointed
place of duty, two specifications of failure to go to your
appointed place of duty, and disobedience.
months later, on 2 and 9 May 1967, you received NJP for a two day
period of unauthorized absence (UA) and breaking restriction.
Approximately five
Your record further reflects that on 16 January 1968 you were
convicted by SPCM of four periods of UA totalling 155 days.
You
were sentenced to reduction to
paygrade E-2, confinement at hard
labor for three months,
and a $60 forfeiture of pay.
On 30
September 1968 you were again convicted by SPCM of two periods of
UA totalling 59 days and were sentenced to confinement at hard
labor for six months, reduction to
conduct discharge
BCD.
changed to a general discharge pursuant to Presidential
Proclamation 4313.
On 24 December 1968 you were issued a
Approximately nine years later your initial discharge was
paygrade E-l, and a bad
(BCD).
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
-your youth and immaturity and your contention that your record is
in error because it reflects 361 days of lost time.
Board concluded these factors and contention were not sufficient
to warrant a correction of your naval record given your seven
periods of UA totalling 166 days and your three periods of
confinement which
that your characterization of service was changed to general
under honorable conditions under the provisions of PP-4313, but
noted that this change does not make you eligible for veteran's
benefits.
characterization of service were proper and no change is
warranted.
The Board concluded your record of lost time and
Accordingly; your application has been denied.
However, the
totalled 195 days.
Further, the Board noted
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
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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