DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
ANNEX
NAVY
2
WASHINGTON DC 20370-510
0
S
TJR
Docket No: 2772-02
6 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 5 November 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
your application,
thereof, your naval record,
and policies.
Documentary material considered by the Board consisted of
together with all material submitted in support
and applicable statutes, regulations,
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 of probable material error or
injustice.
You reenlisted in the Marine Corps on 16 October 1967 at the age
of 17.
On 9 February 1968 you received nonjudicial punishment
(NJP) for urinating on the deck of your ship and were awarded a
On 21 August 1968 you received NJP for an
$15 forfeiture of pay.
11 day period of unauthorized absence (UA) and were awarded extra
duty and restriction for 14 days.
On 2 April 1969 you were convicted by
of a 30 day period of UA and disobedience.
confinement at hard labor for 30 days and reduction to
E-3.
to obey a lawful order.
for 14 days and a $20 forfeiture of pay.
paygrade
On 5 December 1969 you received your third NJP for failure
The punishment imposed was restriction
summa ry court-martial (SCM)
You were sentenced to
On 23 January 1970 you were convicted by SCM of disobedience and
failure to obey a lawful order.
confinement at hard labor for 30 days, reduction to
and a $80 forfeiture of pay,
Approximately a month later,
which was suspended for six months.
on 24 February 1970, you were
You were sentenced to
paygrade E-l,
notified of pending administrative separation action by reason of
unfitness due to frequent involvement of a discreditable nature
with military or civilian authorities.
At that time you waived
your right to consult with legal counsel and to present your case
to an administrative discharge board.
commanding officer recommended an undesirable discharge by reason
of misconduct.
On 13 March 1970 this recommendation was approved
and the discharge authority directed an undesirable discharge by
reason of unfitness.
On 20 March 1970 you were so discharged.
Subsequently, your
It also considered your contention that your
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity and your contention that you were told
that your discharge would be upgraded five years after your
separation.
discharge was too harsh for an honest oversight.
the Board concluded these factors and contentions were not
sufficient to warrant recharacterization of your discharge
because of your repetitive misconduct which resulted in five
disciplinary actions.
due to the passage of time.
been denied.
Further, no discharge is upgraded simply
Nevertheless,
Accordingly, your application has
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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