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NAVY | BCNR | CY2002 | 04951-02
Original file (04951-02.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

WMP
Docket No:
6 December 2002

4951-02

This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10 of the
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 4 December 2002.
injustice were reviewed in accordance with administrative
regulations and  
Board.
of your application, together with all material submitted in
support thereof,
regulations and policies.

Documentary material considered by the Board consisted

your naval record and applicable statutes,

pr0cedure.s  applicable to the proceedings of this

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 13
January 1974 for four years at age 18.
you served without incident until 11 April 1974, when you
received nonjudicial punishment (NJP) for dereliction of duty.
The punishment imposed was forfeitures of $75 per month for two
months.

Your record shows that

On 3 May 1974 you received NJP for two instances of failure to
go to your appointed place of duty.
a forfeiture of $100.
misbehavior of a sentinel.
confinement for three days on bread and water.

On 15 January 1975 you received NJP for

The punishment imposed was

The punishment imposed was

On 3 June 1976 you received NJP for failure to go to your
appointed place of duty.

The punishment imposed was 30 days of

from 13 to 27 November 1976.

The

extra duty, which was suspended for three months.
November 1976 you received NJP for a 14 day period of
unauthorized absence,
punishment imposed was reduction to  
forfeiture of $200.
months.
absence from 21 to 27 May 1977, a period of six days.
On 21 June
punishment imposed was reduction to  
1977 you received NJP for failure to go to your appointed place
of duty.
month for two months.

On 2 July 1977 you again received NJP for unauthorized

The punishment imposed was forfeitures of $75 per

The forfeiture was suspended for three

paygrade E-3 and a

On 30

paygrade E-3.

The

Your record reflects that you were an unauthorized absentee from
On 2 September
13 July to 24 August 1977, a period of 45 days.
1977 you were convicted by a summary court-martial of this
period of unauthorized absence.
forfeiture of $278, 60 days of restriction, and reduction to
On 2 September 1977, the convening authority
paygrade E-2.
approved the adjudged sentence and ordered its execution.

You were sentenced to

On 28 July 1982 you were convicted by a

Your record further reflects that you were again an unauthorized
absentee from 28 November.1977 to 30 November 1982, a period of
about 1,462 days.
special court-martial of this period of unauthorized absence.
You were sentenced to reduction to  
conduct discharge.
approved the adjudged sentence.
completion of appellate review,
discharge.

On 22 July 1983, upon
you received the bad conduct

On 28 July 1982, the convening authority

paygrade E-l and a bad

However, the Board concluded that your

In its review of your application the Board carefully weighed
all potentially mitigating factors such as your youth,
immaturity and the fact that it has been over 19 years since
your discharge.
conviction of an unauthorized absence that lasted more than five
years warranted severe punishment, which the court-martial
The Board thus concluded that the bad
correctly imposed.
conduct discharge was appropriate and should not be changed.
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon
request.

The names and

2

It is regretted that the circumstances of your case are such
that favorable action cannot be taken.
the Board reconsider its decision upon submission of new and
material evidence or other matter not previously considered by
the Board.
a presumption of regularity attaches to all official records.
Consequently, when applying for a correction of an official
naval record,
existence of probable material error or injustice.

the burden is on the applicant to demonstrate the

You are entitled to have

In this regard,

it is important to keep in mind that

Sincerely,

W. DEAN PFEIFFER
Executive Director



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