DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRR
Docket No: 7449-02
19 December 2002
This is in reference to your request for reconsideration of your application for correction of
your naval record pursuant to the provisions of title 10 of the United States Code, section
1552. Your original application was denied on 7 February 1978.
A three-member panel of the Board for Correction of Naval Records, sitting in executive
session, considered your request on 12 December 2002. 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.
In this regard, it concurred with its findings of 7 February 1978. The
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
Board noted
injustice.
that you were pending separation from the Marine Corps with an undesirable discharge prior
to being referred for disability evaluation. You were granted a substantial benefit when your
discharge was held in abeyance to permit you to undergo medical treatment and, ultimately,
disability evaluation. During the period of suspension you received nonjudicial punishment
on six occasions, which resulted in your
berg discharged by reason of misconduct, rather
than physical disability. The Board concluded that in view of your extensive disciplinary
record, which included a conviction by summary court-martial, and twelve instances of
nonjudicial punishment, your service was appropriately characterized with a discharge under
other than honorable conditions.
.
the absence of evidence of error or injustice in connection with your discharge, the Board
In
was unable to recommend any corrective action in your case. Accordingly, your application
has been 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
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
Board.
Sincerely,
W. DEAN PFEIFFER
Executive Director
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