DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
X
2 NAVY ANNE
S
WASHINGTON DC 20370-510
0
TJR
Docket No: 5017-01
15 January 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 8 January 2002.
injustice were reviewed in accordance with administrative
of this
regulations and procedures applicable to the proceedings
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.
Your record reflects that on 18 July and
The Board found you enlisted in the Marine Corps on 5 December
1972 at the age of 18.
again on 18 October 1973 you received nonjudicial punishment
(NJP) for two periods of absence from your appointed place of
duty.
failure to go to your appointed place of duty and absence from
your appointed place of duty.
convicted by summary court-martial (SCM) of two periods of
unauthorized absence (UA) totalling 17 days and were sentenced to
a $225 forfeiture of pay.
On 25 January and 23 September 1974 you received NJP for
On 21 November 1974 you were
Your record further reflects that on 25 February 1976 you were
convicted by special court-martial (SPCM) of five periods of UA
totalling 364 days.
confinement at hard labor for 38 days,
and a bad conduct discharge (BCD).
all levels of review, you were so discharged on 17 September
1976.
You were sentenced, as mitigated, to
a $700 forfeiture of pay,
After the BCD was approved at
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
The Board
your youth and immaturity and post service conduct.
also considered your request for a general discharge because you
contend that you were only UA for a week or less, and returned to
your duty station on your own.
these factors were not sufficient to warrant recharacterization
of your discharge because of the seriousness of your repetitive
misconduct, which resulted in four
NJPs and two court-martial
convictions.
Given all the circumstances of your case,
totalling 381 days.
the Board concluded your discharge was proper as issued and no
change is warranted.
denied.
The Board especially noted your seven periods of UA
However, the Board concluded
Accordingly, your application has been
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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