DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
NAVY
ANNEX
2
WASHINGTON DC 20370-510
0
S
CRS
Docket No: 3741-02
17 October 2002
Your allegations of error and
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 9 October 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.
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
The record reflects that you received three
October 1988.
nonjudicial punishments for unauthorized absences totalling six
days, making unauthorized phone calls on four occasions, making a
false official statement, and use of cocaine.
A special court-martial convened on 1 December 1991 and found you
guilty of an unauthorized absence of 37 days.
sentenced you to confinement at hard labor for 60 days,
forfeitures of $250 per month for two months, reduction in pay
grade, and a bad conduct discharge.
discharge on 29 April 1994.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and immaturity
and the contention that you are now recovering from drug
addiction.
However, the Board concluded that these factors were
not sufficient to warrant recharacterization of your discharge
due to your extensive disciplinary record which included
You received the bad conduct
The court
unauthorized absences totalling more than a month, larceny, false
Accordingly, your application has been
statement and drug abuse.
The names and votes of the members of the panel will be
denied.
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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