DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 4432-01
12 July 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 10 July 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
your application, together 'with all material submitted in support
thereof, your naval record and applicable statutes, regulations
and policies.
Documentary material considered by the Board consisted of
Your allegations of error and
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 15
August 1967 at age 18.
A special court-martial convened on 28
February 1969 and found you guilty of an unauthorized absence of
90 days.
The court sentenced you to to confinement at hard labor
for six months, forfeitures of $40 per month for six months, and
a bad conduct discharge,
which was suspended for six months.
A general court-martial convened on 12 August 1970 and found you
guilty of an unauthorized absence of 372 days.
sentenced you to hard labor for seven months, forfeitures of $100
per month for seven months,
conduct discharge, which was suspended for 12 months.
Subsequently, you were an unauthorized absentee from 26 October
1970 to 2 March 1971, a period of 126 days.
suspended bad conduct discharge was ordered executed and you were
so discharged on 20 May 1971.
reduction in pay grade, and a bad
The court
On 28 April 1971 the
In its review of your application the Board carefully weighed all
potentially mitigating factors,
such as your youth and
However, the Board concluded that these factors were
immaturity.
not sufficient to warrant recharacterization of your discharge
due to the fact that your unauthorized absences
totalled more
The Board also noted that the initial sentence
than 19 months.
to a bad conduct discharge was suspended, thus giving you an
opportunity to earn a better discharge.
to commit offenses, that resulted in another sentence to a bad
Nevertheless you
conduct discharge, which was also suspended.
continued your periods of unauthorized absence which resulted in
the discharge being executed.
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, you continued
Based on the foregoing, the Board
The names and
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
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