DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 5019-01
15 January 2002
Dear
w:
This is in reference to your
naval record pursuant to the
States Code, Section 1552.
application for correction of your
provisions of Title 10, United
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 8 January 2002.
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.
The Board found you enlisted in the Marine Corps on 28 April 1969
at the age of 18.
At the time you had completed 10 years of
formal education and attained test scores which placed you in
mental group IV.
Your record reflects that on 22 September 1969 you received
nonjudicial punishment (NJP) for a 25 day period of unauthorized
absence
(UA) and were awarded restriction for 14 days and a seven
day forfeiture of pay.
November 1969, you received NJP for a two day period of UA.
punishment imposed was a $20 forfeiture of pay and correctional
custody for seven days.
Approximately two months later, on 28
The
On 5 and 25 March 1970 you received NJP for a seven day period of
UA and absence from your appointed place of duty.
On 6 March
1970 you were convicted by
day period of UA, absence from your appointed place of duty, and
failure to obey a lawful order.
summary court-martial (SCM) of a nine
You were sentenced to a $60
forfeiture of pay and confinement at hard labor for a month. On
27 August and again on 16 November 1970 you received NJP for an
11 day period of UA and wrongfully discharging a firearm under
circumstances endangering human life.
Your record further reflects that on 2 March 1972 you were
convicted by SCM of a 20 day period of UA.
hard labor for 45 days.
were convicted by special court-martial (SPCM) of a nine day
paygrade E-2,
period of UA and were sentenced to a reduction to
confinement at hard labor for three months, and a $300 forfeiture
of pay.
You were sentenced to
Shortly thereafter, on 14 July 1972, you
On 22 November 1972 you were notified of pending administrative
separation action by reason of unfitness.
waived your rights to consult with legal counsel and to present
On 20 December
your case to an administrative discharge board.
1972 you received NJP for a two day period of UA and were awarded
restriction and extra duty for seven days.
At that time you
Subsequently, on 15 January 1973, the discharge authority
directed an undesirable discharge by reason of unfitness.
March 1973 you received NJP for a day of UA and were awarded
extra duty for 14 days.
undesirable discharge.
On 14 May 1973 you received an
On 29
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity, limited education, low test scores,
The Board further considered your
and Vietnam service.
contentions that you did not receive proper legal advice
regarding your court-martial and discharge, your ability to
properly serve was impaired by your marital problems, traumatic
experiences while serving in Vietnam, limited education, and peer
pressure.
contentions were not sufficient to warrant recharacterization of
your discharge because of your frequent misconduct, which
resulted in eight
disciplinary actions.
the Board concluded your discharge was proper as issued and no
change is warranted.
denied.
However, the Board concluded these factors and
Accordingly, your application has been
NJPs, two
SCMs, and one SPCM, a total of 11
Given all the circumstances of your case,
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
You are entitled to have the
favorable action cannot be taken.
Board reconsider its decision upon submission of new and material
2
evidence or other matter not previously considered by the Board.
In this regard,
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.
it is important to keep in mind that a
Sincerely,
W. DEAN PFEIFFER
Executive Director
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