DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
CRS
7295-00
Docket No:
20 September 2001
Title 10, United
Your allegations of error and
Dear-
This is in reference to your application for correction of your
naval record pursuant to the provisions of
States Code, Section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 19 September 2001.
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 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 1 April
1976 at age 19.
The record reflects that on 7 January 1977 you
were convicted by a summary court-martial of unauthorized
absences totalling 83 days.
A special court-martial convened on 28 July 1977 and found you
The court
guilty of unauthorized absences totalling 111 days.
sentenced you to confinement at hard labor for two months,
forfeitures of $200 per month for two months, and a bad conduct
Subsequently, you were convicted by civil authorities
discharge.
of two counts of burglary.
confinement for a year.
on 23 October 1979.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and
However, the Board concluded that these factors were
immaturity.
not sufficient to warrant recharacterization of your discharge
due to the fact that your unauthorized absences
totalled more
You received the bad conduct discharge
The court sentenced you to
xordingly,
your application has been denied.
The names and
ix months.
khan
s and a serious
ard concluded that no
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votes of the members of the panel will be furnished upon request.
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
2
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