DEPARTMENT OF THE NAVY
B O A R D F O R C O R R E C T I O N O F N A V A L R E C O R D S
2 N A V Y A N N E X
W A S H I N G T O N D C 2 0 3 7 0 - 5 1 0 0
TJR
Docket No: 6601-01
12 March 2002
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 5 March 2002. Your allegations of error and
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.
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 29 May 1968
at the age of 18. Your record reflects that on 14 January 1969
you received nonjudicial punishment (NJP) for failure to go to
your appointed place of duty and were awarded a $25 forfeiture of
pay. On 1 April 1969 you were convicted by special court-martial
(SPCM) of two specifications of disobedience, misbehavior as a
sentinel, and making a false official statement. You were
sentenced to confinement at hard labor for three months,
reduction to paygrade E-1, and a $219 forfeiture of pay. On 25
August 1969 you received NJP for absence from your appointed
place of duty and were awarded a $25 forfeiture of pay and extra
duty for two weeks. Shortly thereafter, on 30 September 1969,
you were again convicted by SPCM of sleeping on post and failure
to obey a lawful order. You were sentenced to a $160 forfeiture
of pay and confinement at hard labor for two months.
On 13 December 1969 you were convicted by SPCM of a nine day
period of unauthorized absence (UA), assault, resisting. arrest,
and disrespect. You were sentenced to confinement at hard labor
for five months, a $410 forfeiture of pay, and a bad conduct
discharge (BCD). On 23 March 1970 you submitted a written
request for a general discharge stating that you did not desire
restoration to duty. The BCD was approved at all levels of
review and on 25 June 1970 you were so discharged.
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 you have
suffered for years with battle fatigue. The Board also
considered your contention that you were not given any drug
rehabilitation treatment. However, the Board concluded these
factors and contentions were not sufficient to warrant
recharacterization of your discharge because of your repetitive
misconduct, which resulted in two NJPs and three court-martial
convictions. Further, the Board noted that there is no evidence
in the record, and you submitted none, to support your
contentions that you suffered from battle fatigue or were in need
of drug rehabilitation. Given all the circumstances of your
case, the Board concluded your discharge was proper as issued and
no change is warranted. Accordingly, your application has been
denied.
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
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