DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No:
212-02
27 November 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 14 November 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
Board.
your application, together with all material submitted in support
thereof, your naval record and applicable statutes, regulations
and policies.
Your allegations of error and
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 record reflects that you received nonjudicial
The
The Board found that you enlisted in the Marine Corps on 3
January 1973.
punishment and were convicted by a summary court-martial.
offenses included unauthorized absences totalling 14 days and
Subsequently, you were
unlawful entry on two occasions.
convicted by civil authorities of two instances of carrying a
concealed weapon, grand theft auto,
two occasions.
and escaping from custody on
A special court-martial convened on 3 May 1974 and found you
guilty of unauthorized absences totalling 295 days and stealing a
The court sentenced you to confinement
car from a fellow Marine.
forfeitures of $400 per month for
at hard labor for four months,
You received the bad
four months, and a bad conduct discharge.
conduct discharge on 29 April 1975.
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 your extensive military and civilian disciplinary record
which included unauthorized absences totalling more than ten
Accordingly, your
months, unlawful entry, and auto theft.
application has been denied.
of the panel will be furnished upon request.
The names and votes of the members
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
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