DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
CRS
Docket No: 8492-00
5 July 2001
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Your allegations of error and
Dear
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 27 June 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 29 March
1978 at age 17.
The record reflects that you received six
nonjudicial punishments and were convicted by a special
court-
martial.
totalling
133 days and failure to obey a lawful order.
On 20 January 1981 the commanding officer recommended that you be
separated with an other than honorable discharge by reason of
misconduct.
When informed of the recommendation, you elected to
waive the right to present your case to an administrative
discharge board.
recommendation for separation was approved and you were
discharged with an other than honorable discharge on 4 March
1981.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and
immaturity.
However, the Board concluded that these factors were
not sufficient to warrant recharacterization of your discharge,
The offenses included unauthorized absences
After review by the discharge authority, the
Based on the foregoing, the Board
given your record of frequent involvement with military
The Board especially noted the fact that you were
authorities.
the subject of seven disciplinary actions within a period of less
than three years, and committed unauthorized absences totalling
more than four months.
concluded that no change to the discharge is warranted.
Accordingly, your application has been denied.
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.
The names and
Sincerely,
W. DEAN PFEIFFER
Executive Director
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