DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 3821-02
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
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 enlisted in the Marine Corps on 27 September 1972 at the age
of 17.
court-
martial
(UA).
You were sentenced to confinement at hard labor for two and a
half months and a $600 forfeiture of pay.
On 12 December 1973 you were convicted by special
(SPCM) of a 160 day period of unauthorized absence
On 26 February 1974 you received nonjudicial punishment
a one day period of UA and were awarded restriction for 30 days.
On 2 May 1974 you were convicted by SPCM of four specifications
of failure to go to your appointed place of duty, failure to obey
a lawful order, and making a false official statement.
sentenced to reduction to
for two months, and an $800 forfeiture of pay, half of which was
suspended for 12 months.
You were
paygrade E-l, confinement at hard labor
(NJP) for
Subsequently, you were notified of pending administrative
separation action by reason of unfitness.
waived your right to consult with legal counsel and to present
your case to an administrative discharge board.
On 22 May 1974
your commanding officer recommended you be issued an undesirable
At that time you
discharge by reason of unfitness.
authority approved this recommendation,
of the discharge for six months.
On 23 June 1974 the discharge
but suspended execution
During the period from 17 July to 19 August 1974 you were absent
from your appointed place of duty on one occasion, and in a UA
status on two occasions for a total of 30 days.
1975 your commanding officer recommended that the suspended
discharge awarded on 23 June 1974 be vacated due to your
continued misconduct.
This recommendation was approved, and on
23 September 1974 the discharge authority directed an other than
honorable discharge.
discharged.
On 27 September 1974 you were so
On 12 September
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 contention that you did not
contest your discharge because you did not know that you could.
Nevertheless, the Board concluded recharacterization of your
discharge was not warranted because of your repetitive misconduct
which resulted in NJP and two court-martial convictions, one of
which was for a lengthy period of UA.
your discharge was suspended,
earn a better characterization of service, but you failed to do
so and committed further offenses.
has been denied.
The Board also noted that
thus giving you the opportunity to
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
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