DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR
Docket No: 5407-01
31 January 2002
Dear
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 23 January 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.
The Board found you enlisted in the Marine Corps on 18 June 1971
at the age of 19.
Your record reflects that on 3 September 1971
you received nonjudicial punishment (NJP) for failure to obey a
lawful order and disrespect.
correctional custody for five days.
The punishment imposed was
During the period from 13 January to 12 April 1972 you received
NJP on three occasions for three periods of unauthorized absence
(UA) totalling 298 days and disobedience. On 27 September 1972
you were convicted by special court-martial (SPCM) of a 122 day
period of UA and were sentenced to confinement at hard labor for
45 days and a $100 forfeiture of pay.
September 1973 you received NJP for two periods of UA totalling
13 days.
Your record further reflects that on 29 March 1974 you were
convicted by general court-martial (GCM) of conspiracy and
assault.
You were sentenced to confinement at hard labor for
On 8 March and again on 26
eight months, a $2,400 forfeiture of pay, and a bad conduct
discharge (BCD).
review, you were so discharged on 15 September 1976.
After the BCD was approved at all levels of
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity.
factors were not sufficient to warrant recharacterization of your
discharge because of the seriousness of your repetitive
misconduct, which resulted in six
convictions.
concluded your discharge was proper as
warranted.
Given all the circumstances of your case, the Board
Accordingly, your application has been denied.
However, the Board concluded these
NJPs and two court-martial
issued and no change is
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
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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