NAVY
DEPARTMENT OF THE
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
ELP
Docket No. 5143-99
26 June 2000
Dear
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 21 June 2000.
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
27 January 1964 for four years at age 21.
that you served without incident until 24 July 1964 when you
received nonjudicial punishment (NJP) for a four-day period of
unauthorized absence (UA).
The record reflects
You were sentenced to confinement at hard labor for six
On 20 January 1965 you were convicted by special court-martial of
UA from 1 August 1964 to 5 January 1965, a period of over five
months.
months, forfeitures of $54 per month for six months, and a bad
conduct discharge.
The Navy Board of
you attended an alcohol education group.
Review affirmed the findings and the sentence on 26 February
Thereafter, you requested suspension of the discharge
1965.
adjudged and restoration to duty.
restoration to duty was denied and you received the bad conduct
discharge on 11 June 1965.
The record reflects that while in confinement
However, clemency and
c
and you should have been put into
The Board concluded that the foregoing
In its review of your application the Board carefully weighed all
potentially mitigating factors such as your limited education and
the fact that it has been 35 years since you were discharged.
The Board noted your contention that your ability to serve was
impaired by drugs and alcohol,
a treatment program.
factors and contentions were insufficient to warrant
recharacterization of your discharge given your record of an NJP
and conviction by special court-martial of more than five months
Your contention that your ability to serve was impaired
of UA.
by alcohol and drugs is neither supported by the evidence of
record nor by any evidence submitted in support of your
application.
misconduct.
attended an alcohol education group and should have achieved
sobriety.
accordance with applicable law and regulations, and the discharge
appropriately characterizes your service.
The names and votes of the members
application has been denied.
of the panel will be furnished upon request.
Further, drug and alcohol abuse does not excuse
The Board noted that while in confinement you
Your conviction and discharge were effected in
Accordingly, your
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
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
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