DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TRG
Docket No:
13 February
7385-01
2002
Dear
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 12 February 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 on 16 July 1981 at age 17. On
19 October 1982 you received nonjudicial punishment for an
unauthorized absence of about four days.
convened on 9 September 1983 and convicted you of an unauthorized
absence of about 164 days.
The court sentenced you to reduction
to pay grade E-l, forfeiture of $266 and confinement at hard
labor for 30 days.
A summary court-martial
Based on the foregoing record, you were processed for an
administrative discharge by reason of misconduct due to your
commission of a serious offense.
processing, you elected to waive your right to have your case
heard by an administrative discharge board.
the discharge authority approved the recommendation of your
commanding officer that you be discharged for misconduct with a
discharge under other than honorable conditions.
You were so
discharged on 28 October 1983.
In connection with this
On 22 October 1983
In its review of your application the Board carefully weighed all
potentially mitigating factors,
such as your youth and possible
immaturity.
The Board found that these factors were not
sufficient to warrant recharacterization of your discharge given
your s ummary court-martial conviction for a lengthy period of
unauthorized absence.
proper as issued and no change is warranted.
The Board concluded that the discharge was
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
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
2
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