DEPARTMENTOFTHE NAVY
BOARD
FOR CORRECTION OF NAVAL RECORD
NAVY
ANNEX
2
WASHINGTON DC 20370-510
0
S
TJR
Docket No: 3661-02
15 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 13 November 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
Documentary material considered by the Board consisted of
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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You served without disciplinary incident until 20 April
You enlisted in the Marine Corps on 7 April 1970 at the age of
18.
1971, when you received nonjudicial punishment (NJP) for absence
from your appointed place of duty and were awarded a $40
forfeiture of pay and restriction for seven days.
you received NJP for a 20 day period of unauthorized absence
paygrade E-2, a
WA).
$100 forfeiture of pay, and suspended correctional custody. On
13 September 1971 you received NJP for an eight day period of UA
The punishment imposed was reduction to
On 8 June 1971
paygrade E-l and the suspended
and were awarded reduction to
correctional custody awarded at the 8 June 1971 NJP was vacated.
Approximately three months later,
on 6 December 1971, you were
convicted by summary court-martial (SCM) of absence from your
appointed place of duty.
You were sentenced to correctional
custody for 20 days and a $170 forfeiture of pay.
On 25 July and again on 17 October 1972 you received NJP for
possession of drug paraphernalia and absence from your appointed
place of duty.
On 31 October 1973 you were convicted by special court-martial
(SPCM) of wrongful appropriation and two periods of UA totalling
164 days.
three months, a $300 forfeiture of pay, and a bad conduct
discharge
for immediate execution of the BCD.
at all levels of review, you were so discharged on 16 May 1975.
Subsequently, you submitted a written request
After the BCD was approved
You were sentenced to confinement at hard labor for
(BCD).
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 contentions that the BCD was
unfair and that you only received it because you had borrowed
money from your cash box and were punished as an example to other
Marines.
contentions were not sufficient to warrant recharacterization of
your discharge because of your repetitive misconduct, to include
drug related infractions and frequent and lengthy periods of UA.
Further, there is no evidence in the record, and you submitted
none, to support your contentions.
has been denied.
Nevertheless, the Board concluded these factors and
Accordingly, your application
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
2
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