DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
ANNEX
NAVY
2
WASHINGTON DC 20370-510
0
S
TJR
Docket No: 6453-01
20 February 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 12 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.
Your record reflects that on 13 August 1974
The Board found you enlisted in the Marine Corps on 15 March 1974
at the age of 18.
you received nonjudicial punishment (NJP) for assault and an
unspecified period of unauthorized absence (UA). The punishment
imposed was a reduction to
pay.
Your record also reflects that during the period from 29 August
,to 9 September 1974 you were in a UA status for seven days and
during the period from 6 December 1974 to 13 June 1975 you were
in a UA status for 97 days.
the disciplinary action taken,
paygrade E-l and a $50 forfeiture of
However, the record does not reflect
if any, for these periods of UA.
It appears that on 14 April 1975 you began another period of UA
that was not terminated until you where apprehended by civil
authorities and charged with armed robbery.
October 1975, you were convicted by civil authorities of first
degree robbery with a deadly weapon and were sentenced to
confinement for five years.
Subsequently, on 6
On 27 July 1976, while in custody of civil authorities, you were
notified of pending administrative separation action by reason of
After consulting with legal
misconduct due to civil conviction.
counsel, you elected to present your case to an administrative
discharge board (ADB).
you be separated with an undesirable discharge by reason of
misconduct due to civil conviction.
commanding officer recommended an undesirable discharge by reason
On 3
of misconduct due to the 6 October 1975 civil conviction.
November 1976 the discharge authority approved the foregoing
recommendation and directed an undesirable discharge and on 10
November 1976 you were so discharged.
On 26 September 1976 an ADB recommended
On 13 October 1976 your
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity and post service conduct.
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of your repetitive
misconduct in both the military and civilian communities.
all the circumstances of your case,
discharge, was proper as issued and no change is warranted.
Accordingly, your application has been denied.
the Board concluded your
However, the
Given
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
2
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