DEPARTMENT OF THE NAVY
OR CORRECTION OF NAVAL RECORD
BOARD F
NAVY
ANNEX
2
WASHINGTON DC 20370-510
0
S
TRG
Docket No: 3162-02
14 August 2002
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 13 August 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 January 1979 at age 19.
On 18 June 1979 you received nonjudicial punishment for an
unauthorized absence of about 29 days.
convened on 11 March 1980 and convicted you of three periods of
unauthorized absence totaling about 156 days.
sentenced you to forfeitures of pay and six months confinement at
hard labor.
special court-martial of an unauthorized absence of about 104
The court sentenced you to forfeiture of $290 pay per
days.
month for four months,
You began appellate leave on 23
and a bad conduct discharge.
December 1980 and remained in that status until the bad conduct
discharge was issued on 22 July 1982.
On 29 September 1980 you were convicted by another
confinement at hard labor for four months
A special court-martial
The court
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, and your
contentions that you have been a good citizen since discharge and
only became an unauthorized absentee to assist the mother of your
children.
were not sufficient to warrant recharacterization of your
discharge given your repeated and lengthy periods of unauthorized
The Board-found that these factors and contentions
absence.
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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