DEPARTMENT OF THE NAVY
BOARD FOF, CORRECTION OF NAVAL RECORD
X
2 NAVY ANNE
S
WASHINGTON DC 20370 510
0
TRG
Docket No:
6 June 2001
5490-00
Dear
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 30 May 2001.
injustice were reviewed
regulations and procedures applicable to the proceedings of this
Board.
your application, together with all
thereof, your naval record and
and policies.
considerlad by the Board consisted of
m,aterial submitted in support
:.n accordance with administrative
applic,able statutes, regulations
Documentary material
Your
alllagations of error and
After careful and conscientious
record, the Board found that the
insufficient to establish the existence of probable material
error or injustice.
consilderation of the entire
evid'ance submitted was
On 28 September 1967 and 27 May 1968 you
A summary court-martial convened on 9 March 1970 and
The Board found that you enlisted in the Marine Corps on 18 May
1967 at age 17.
received nonjudicial punishments for an unauthorized absence of
about three days and an absence from 'your appointed place of
duty.
convicted you of an unauthorized absence of about 36 days.
court sentenced you to confinement at hard labor for 30 days,
forfeitures of pay and a reduction in rank to PFC (E-2).
April 1970 you were counseled and warned that further misconduct
On 20
could lead to processing for an undesirable discharge.
April 1970 you received nonjudicial punishment for failing to
your appointed place of duty at 1600, 17 April 1970.
The
On 17
you were processed for an
Based on the foregoing record,
administrative discharge.
you elected to waive your right to have your case heard by an
administrative discharge board.
you would begin another period of unauthorized absence if you
Subsequently, the discharge authority
were not discharged.
directed an undesirable discharge and you were so discharged on
12 June 1970.
In connection with this processing,
In addition, you stated that
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, limited
The Board
education, and your desire for veterans benefits.
found that these factors and contentions were not sufficient to
warrant
misconduct, failure to respond to counseling, and your stated
desire for discharge.
proper as issued and no change is warranted.
recharacterization of your discharge given your repeated
The Board concluded that the discharge was
The names and
applicaltion has been denied.
Accordingly, your
votes of the members of the panel will_ be furnished upon request.
of your case are such that
It is regretted that the circumstances
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
previous1.y 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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