DEPARTMENTOFTHE NAV
BOARD FOR CORRECTION OF NAVAL RECORD
Y
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
CRS
Docket No: 2796-01
31 January 2002
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 30 January 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
I
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 6 July
The record reflects that on 14 August 1978 you
1977
were convicted by a special court-martial of an unauthorized
absence of 81 days.
,at age 18.
A second special court-martial convened on 28 June 1979 and you
were found guilty of unauthorized absences totalling 21 days.
The court sentenced you to confinement for three months,
forfeiture of $265 per month for three months, and a bad conduct
conducted on 16 August
discharge.
1979, found that you could tell right from wrong and adhere to
the right.
1980.
You received the bad conduct discharge on 27 February
A psychiatric evaluation,
In its review of your application the Board carefully weighed all
potentially mitigating factors,
and the contention that you had a psychotic breakdown on active
However, the Board concluded that these factors were not
duty.
sufficient to warrant recharacterization of your discharge due to
such as your youth and immaturity
the fact that your unauthorized absences
months.
had no mental problems.
denied.
furnished upon request.
Furthermore, the evidence in your record shows that you
Accordingly, your application has been
The names and votes of the members of the panel will be
totalled over three
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
2
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