DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
TJR
Docket No: 2109-02
12 September 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 10 September 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
your application, together. with all material submitted in support
and applicable statutes, regulations,
thereof, your naval record,
and policies.
Documentary material considered by the Board consisted of
Your allegations of error and
After careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence
injustice.
of probable material error or
You enlisted in the Marine
You served a year and
17.
incident but on 31 May and
nonjudicial punishment (NJP) for two specifications of failure to
go to your appointed place of duty.
received your third NJP for one day of unauthorized absence (UA)
and were awarded a $50 forfeiture of pay which was suspended for
three months.
Corps on 21 March 1972 at the age of
two months without disciplinary
again on 3 July 1973 you received
On 15 November 1973 you
During this
On 4 December 1973 you began a 464 day period of UA.
period you were apprehended by civil authorities and on 13
February 1974 you were convicted of housebreaking and larceny.
You were sentenced to confinement for five years, three of which
On 19 November 1974, while in custody'of civil
were suspended.
authorities, you were notified of pending administrative
separation action by reason of misconduct due to conviction by
civil authorities.
consult with legal counsel and to present your case to an
commanding officer
administrative discharge board.
recommended discharge by reason of misconduct due to civil
At that time you waived your rights to
Your
conviction.
and directed an other than honorable discharge by reason of
misconduct due to civil conviction,
so discharged.
The discharge authority approved this recommendation
and on 11 March 1975 you were
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity,
given an opportunity to remain on active duty and that you were
improperly discharged.
factors and contentions were not sufficient to warrant
recharacterization of your discharge because of your repetitive
misconduct, which resulted in three
civil authorities.
denied.
Accordingly, your application has been
NJPs and a conviction by
and your contentions that you were not
Nevertheless, the Board concluded these
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
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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