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NAVY | BCNR | CY2002 | 07212-02
Original file (07212-02.pdf) Auto-classification: Denied
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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