DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TRG
Docket No:
2 December 2002
6284-02
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 26 November 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
your application,
thereof, your naval record and applicable statutes, regulations
and policies.
Documentary material considered by the Board consisted of
together with all material submitted in support
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.
You enlisted in the Marine Corps Reserve on 27 September 1966 at
age 19 and reported for extended active duty on 3 November 1966.
During 1967, you received nonjudicial punishment on two occasions
Your offenses
and were convicted by a summary court-martial.
were two periods of unauthorized absence totaling about 16 days
and wrongful possession of a liberty pass.
A special court-martial convened on 19 January 1968 and convicted
you of an unauthorized absence of about 61 days.
sentenced you to forfeiture of $40 pay per month for six months,
confinement at hard labor for six months and a bad conduct
discharge.
discharge were suspended for a probationary period of six months,
and you were restored to duty on 8 March 1968.
began another period of unauthorized absence that lasted until
you surrendered on 25 April 1968.
convened on 8 May 1968 and convicted you
period of unauthorized absence.
forfeitures of $40 pay per month for six months, confinement at
On 5
hard labor for six months and a bad conduct discharge.
August 1968 you elected to waive the right to request restoration
A portion of the forfeitures and the bad conduct
The court sentenced you to
The court
That same day you
A special court-martial
of the foregoing 46 day
to duty.
1969.
The bad conduct discharge was issued on 14 January
Subsequently, you were granted a clemency discharge contingent
There is no
upon completion of three months alternate service.
evidence in the record that you actually completed that service.
In its review of your application the Board carefully weighed all
such as your youth and the fact
potentially mitigating factors,
that you were issued a clemency discharge.
these factors were not sufficient to warrant recharacterization
of your discharge given the frequency of your misconduct and
especially your violation of probation with another lengthy
period of unauthorized absence.
your case essentially means that your misconduct has been
excused.
record.
issued and no change is warranted.
However, it does not change the facts of the underlying
The Board concluded that the discharge was proper as
The Board found that
The clemency action taken in
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
The names and
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
copy to:
The Disabled American Veterans
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