DEPARTMENT OF THE NAVY
B O A R D F O R C O R R E C T I O N O F N A V A L R E C O R D S
2 NAVY ANNEX
W A S H I N G T O N DC 2 0 3 7 0 - 5 1 00
CRS
Docket No: 7212-02
24 January 2003
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 22 January 2003. 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 6
September 1966. The record reflects that on 7 May 1967 you were
convicted by a special court-martial of unauthorized absences
totalling 61 days.
A second special court-martial convened on 13 July 1967 and found
you guilty of an unauthorized absence of 70 days. The court
sentenced you to confinement at hard labor for six months,
forfeitures of $60 per month for six months, and a bad conduct
discharge. However, the bad conduct discharge was disapproved by
the convening authority.
A third special court-martial convened on 13 March 1968 and found
you guilty of unauthorized absences totalling 62 days. The court
sentenced you to confinement at hard labor for six months,
forfeitures of $68 per month for six months, and a bad conduct
discharge. You received the bad conduct discharge on 13 August
1968.
13 its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and
immaturity. However, the Board concluded that these factors were
not sufficient to warrant recharacterization of your discharge
due to the fact that your unauthorized absences totalled more
than six months. The Board also noted that the initial sentence
to a bad conduct discharge was disappproved, thus giving you an
opportunity to eaarn a better discharge. However, you continued
to commit offenses resulting in another sentence to a bad conduct
discharge. Accordingly, the Board concluded that no change to
the discharge is warranted and your application is 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
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.
~onsequently, 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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