DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
TJR
Docket No: 5938-01
12 February 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 5 February 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
Board.
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 25 October
1978 at the age of 18.
1979 you underwent a medical evaluation because you had attempted
suicide and were experiencing adult situation reaction anxiety.
Your record reflects that on 6 February
On 28 September 1979 you were convicted by special court-martial
(SPCM) of two periods of unauthorized absence (UA) totalling 210
days and were sentenced to a $400 forfeiture of pay and
confinement at hard labor for 53 days.
Your record further reflects that on 12 June 1980 you were
convicted by SPCM of three periods of UA totalling 54 days.
were sentenced to confinement at hard labor for two months, a
$750 forfeiture of pay,
Subsequently, the BCD was approved at all levels of review and
you were so discharged on 22 June 1981.
and a bad conduct discharge (BCD).
You
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity,
diagnosed psychological problem, and
The Board also noted that you had the BCD
your contention that you were having personal problems while
serving in the Navy.
However, the Board concluded these
for more than 20 years.
factors and contentions were not sufficient to warrant
recharacterization of your discharge because of your lengthy
periods of UA, which resulted in two court-martial convictions.
Given all the circumstances of your case, the Board concluded
your discharge was proper as issued and no change is warranted.
Further, no discharge is automatically upgraded due to the
passage of time.
Accordingly, your application has been denied.
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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