DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
X
2 NAVY ANNE
S
WASHINGTON DC 20370-510
0
CRS
Docket No: 6564-00
23 February 2001
Your allegations of error and
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 14 February 2001.
injustice were reviewed in accordance with administrative
of this
regulations and procedures applicable to the proceedings
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.
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 August
The record reflects that you received
1972 at age 17.
nonjudicial punishment and were convicted by a special
martial.
37 days.
A second special court-martial convened on 29 October 1973 and
you were found guilty of unauthorized absences totalling 7.9 days.
The court sentenced you to confinement at hard labor for six
months, forfeitures of $209 per month for six months, and a bad
conduct discharge.
July 1974.
In its review of your
potentially mitigating factors,
had an attention deficit disorder,
adversely affected.
factors were not sufficient to warrant
discharge
applicatio the Board carefully weighed all
and that your mental state was
recharacterisation of your
court-
The offenses included unauthorized absences totalling
You received the bad conduct discharge on 26
,'
such as the contention that you
However, the Board concluded that these
due.to the fact that your unauthorized absences
Accordingly, your
The names and votes of the members
Further, there is no evidence in
Based on the foregoing, the Board concluded that no
totalled nearly four months.
to show that you suffer from
the record, nor did you present any,
any mental condition or had such a condition at the time of your
service.
change to the discharge is warranted.
application has been denied.
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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