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NAVY | BCNR | CY2002 | 05826-02
Original file (05826-02.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVYANNEX

WASHINGTON DC 20370-5100

CRS
Docket No: 5826-02
12 December 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 19 November 2002.
Your allegations of error and
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.
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 9
December 1968.
punishment and were convicted by 
offenses included unauthorized absences totalling 146 days.
A third special court-martial convened on 7 November 1973 and
found you guilty of an unauthorized absence of 427 days.
The
court sentenced you to confinement at hard labor for three
months, forfeitures of $200 per month for three months, and a bad
conduct discharge.
August 1974.
In its review of your application the Board carefully weighed all
potentially mitigating factors,
such as your youth and immaturity
and combat record in Vietnam,
Action Ribbon.
were not sufficient to warrant recharacterization of your
discharge due to your extensive disciplinary record which
included unauthorized absences totalling 19 months.

The record reflects that you received nonjudicial
The

You received the bad conduct discharge on 26

ttio special courts-martial.

including the award of the Combat
However, the Board concluded that these factors

Accordingly,

The names and votes of the

your application has been denied.
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.
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.

You are entitled to have the

Sincerely,

W. DEAN PFEIFFER
Executive Director

2



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