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NAVY | BCNR | CY2001 | 04899-01
Original file (04899-01.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

CRS
Docket No: 4899-01
29 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   15 November 2001.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
Board.
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.

The Board found that you enlisted in the Marine Corps on 17
October 1961 at age 17.
three nonjudicial punishments and were convicted by a summary
court-martial and a special court-martial.
unauthorized absences totalling
identification card, disobedience of a lawful order on two
occasions, absence from your appointed place of duty, and having
an unclear rifle and uniform.

The record reflects that you received

  40 days,   possession of a false

The offenses included

On 10 February 1965 an administrative discharge board recommended
that you be separated with an undesirable discharge by reason of
unfitness.
recommendation for separation was approved and you received an
undesirable discharge on 26 February 1965.

After review by the discharge authority, the

On 4 November 1977 the Naval Discharge Review Board (NDRB)
changed the characterization of the discharge to general under
the provisions of the Special Discharge Review Program (SDRP).
However, on 15 February 1978 NDRB declined to confirm the general

discharge under its uniform discharge review standards, thus
denying you veterans' benefits.

However, these factors were not sufficient to

In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and
immaturity.
warrant further recharacterization of your discharge or
confirmation of the general discharge, given your frequent
The Board especially
involvement with military authorities.
noted the fact that you were the subject of five disciplinary
The Board
actions within a period of less than four years.
believed that the relief granted by the NDRB in accordance with
the provisions of the SDRP is sufficient in your case.
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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