D E P A R T M E N T OF THE N A V Y
B O A R D F O R C O R R E C T I O N OF NAVAL 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: 7148-01
5 April 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 2 April 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 11 February
1969 at the age of 18. Your record reflects that you served for
a year without disciplinary incident but on 8 March 1970 you
received nonjudicial punishment (NJP) for disrespect and were
awarded restriction for 30 days, extra duty for 14 days, and a
$50 forfeiture of pay. On 24 August 1970 you received NJP for
damage of personal property, disrespect, and a wrongful attempt
to leave base. The punishment imposed was a $170 forfeiture of
pay, restriction for 30 days, and a suspended reduction to
paygrade E-2.
Your record contains two Naval Investigative Service ( N I S )
reports dated 10 and 15 September 1970 which contains statements
from individuals alleging that you committed aggravated assault
and participated in indecent acts with a 14 year old girl.
Subsequently, you were notified of pending administrative
separation action by reason of unfitness due to frequent
involvement of a discreditable natul-e with military author~ties
as evidenced by the two NJPs, a defective attitude, and
participating in indecent acts with a minor. At that time you
waived your rights to consult with legal counsel, to present your
case to an administrative discharge board, or to submit a
statement in rebuttal to the discharge. On 20 September 1970
your commanding officer recommended an undesirable discharge by
reason of unfitness. The discharge authority approved the
foregoing recommendation and directed an undesirable discharge.
On 22 October 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. However, the Board concluded these
factors were not sufficient to warrant recharacterization of your
discharge because of the serious nature of your repetitive
misconduct that not only resulted in two NJPs, but also
apparently included aggravated assault and participating in
indecent acts with a minor. Given all the circumstances of your
case, the Board concluded your discharge was proper 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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