DEPARTMENTOFTHE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
CRS
Docket No: 4217-02
12 August 2002
This is in reference to your application for correction of
naval record pursuant to the provisions of Title 10, United
States Code, Section 1552.
your
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session,
application on 7 August 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
your application, together
thereof, your naval record and applicable statutes, regulations
and policies.
Documentary material considered by the Board consisted of
with all material submitted in support
Your allegations of error and
considered your
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 were inducted in the Marine Corps on 30
September 1966 after more than six months of prior active duty.
The record reflects that you received nonjudicial punishment and
were convicted by two special courts-martial.
included unauthorized absences totalling 167 days.
The second
court-martial sentenced you to a bad conduct discharge, which was
suspended.
The offenses
A third special court-martial convened on 22 July 1968 and found
you guilty of an unauthorized absence of 34 days.
The court
sentenced you to confinement at hard labor for six months,
forfeitures of $97 per month for six months, and a bad conduct
discharge.
1968.
You received the bad conduct discharge on 1 October
In its review of your application the Board carefully weighed all
potentially,mitigati~g factors, such as your youth and immaturity
and family problems.
factors were'not
suf:icient to warrant recharacterization of your
However, the Board concluded that these
discharge due to the fact that your unauthorized absences
The Board also noted that the
totalled more than six months.
initial sentence to a bad conduct discharge was suspended, thus
giving you an opportunity to earn a better discharge.
you continued to commit offenses,
to a bad conduct discharge.
concluded that no change to the discharge is warranted.
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
However,
resulting in another sentence
Based on the foregoing, the Board
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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