DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TRG
Docket No:
9 October 2002
3046-02
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10 of the 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 8 October 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.
You enlisted in the Marine Corps on 10 May 1978 at age 20. A
special court-martial convened on 27 February 1979 and convicted
you of an unauthorized absence of about six days, absence from
your appointed place of duty,
six instances of disobedience,
disrespect, resisting arrest, assault, and communicating a
threat.
The court sentenced you to reduction to pay grade E-l,
forfeiture of $200 pay per month for two months, confinement at
hard labor for two months and a bad conduct discharge.
Subsequently, you elected to waive your right to request
restoration to duty.
with an anxiety reaction.
leave, you were found to be competent to understand the bad
conduct discharge.
remained in that status until the bad conduct discharge was
issued on 30 November 1979.
While in confinement, you were diagnosed
However, prior to commencing appellate
You began appellate leave on 14 May 1979 and
In its review of your application the Board carefully weighed all
potentially mitigating factors,
contention, in effect, that the discharge was unfair because you
had a nervous breakdown.
The Board found that these factors and
contentions were not sufficient to warrant recharacterization of
such as your youth and your
your discharge given your conviction by court-martial of multiple
offenses.
The Board noted that after your court-martial that you
were diagnosed with an anxiety reaction, but you were found
competent to understand that you would receive a bad conduct
discharge.
issued and no change is warranted.
The Board concluded that the discharge was proper as
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
The names and
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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