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Decision Text

NAVY | BCNR | CY2001 | 07148-01
Original file (07148-01.pdf) Auto-classification: Denied
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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