DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
TJR
Docket No: 3724-02
6 December 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 3 December 2002.
injustice were reviewed in accordance with administrative
of this
regulations and procedures applicable to the proceedings
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 enlisted in the Marine Corps on 7 September 1972 at the age
On 12 March 1973 you received nonjudicial punishment
of 19.
(NJP) for absence from your appointed place of duty and were
awarded a $100 forfeiture of pay and restriction for 19 days. On
21 June 1973 you were convicted by summary court-martial (SCM) of
breaking restriction and were sentenced to confinement at hard
labor for 30 days and a $75 forfeiture of pay.
You were sentenced to restriction and hard labor
During the period from 16 August to 5 October 1973 you were in an
unauthorized absence (UA) status for a total of 50 days, and were
subsequently convicted by special court-martial (SPCM) of this
period of UA.
for 45 days and a $100 forfeiture of pay.
On 11 January 1974, after breaking restriction, you began another
On 4 February 1974, while in a UA status, you were
period of UA.
convicted by civil authorities of possession of drugs and
littering.
were released from civil confinement on 3 June 1974.
1975 , while still in a
You were sentenced to confinement for 12 months but
UA status
, you were convicted by civil
On 14 July
authorities of possession of cocaine and were sentenced to
confinement for five years.
also declared a deserter.
During this period of UA, you were
After consulting with legal counsel you elected to
On 29 January 1976 you were notified of pending administrative
separation action by reason of misconduct due to civil
conviction.
have your case presented to an administrative discharge board
On 29 April 1976 an ADB recommended you be issued an
(ADB).
other than honorable discharge.
officer recommended you be issued an other than honorable
discharge by reason of misconduct due to the civil convictions.
On 25 May 1976 the discharge authority directed an other than
honorable discharge by reason of misconduct, and on 7 June 1976
you were so separated.
Subsequently, your commanding
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 you would
like your discharge upgraded because your record shows only minor
and isolated offenses, your ability to serve was impaired because
you were having personal and financial problems, you had almost
completed your term of service,
passed since you were discharged from the Marine Corps.
Nevertheless, the Board concluded these factors and contentions
were not sufficient to warrant recharacterization of your
discharge because of your repetitive misconduct in both the
military and civilian communities.
has been denied.
and the length of time that has
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
You are entitled to have the
favorable action cannot be taken.
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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