DEPARTMENTOFTHE NAV
Y
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
TJR
Docket No: 7839-01
15 May 2002
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.
sitting,in executive session, considered your
A three-member panel of the Board for Correction of Naval
Records,
application on 14 May 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
Board.
together with all material submitted in support
your application,
thereof, your naval record, and applicable statutes, regulations,
and policies.
Your allegations of error and
After careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Marine Corps Reserve on 20 February 1973 and
on 10 August 1973, at the expiration of your enlistment, you were
released under honorable conditions.
On 2 July 1974
Marine Corps on 19 March 1974 at the age of 18.
you received nonjudicial punishment (NJP) for two periods of
unauthorized absence (UA) totalling 30 days.
imposed was extra duty for 45 days.
You reenlisted in the
The punishment
Your record further reflects that on 9 January 1975 you were
convicted by civil authorities of possession of marijuana and
sentenced to confinement for 18 to 24 months, however, this
sentence was suspended for two years.
were notified of pending administrative separation action by
reason of misconduct due to civil conviction.
with legal counsel you elected to present your case to an
administrative discharge board (ADB).
February 1975, you began a 49 day period of unauthorized absence
(UA) which was not terminated until 15 April 1975.
disciplinary action taken, if any, for this misconduct is not in
On 20 February 1975 you
Shortly thereafter, on 26
After consulting
The
On 28 May 1975 an ADB recommended an undesirable
the record.
discharge by reason of misconduct due to civil conviction.
Subsequently, the discharge authority approved the recommendation
of the ADB and directed an undesirable discharge by reason of
misconduct.
On 30 May 1975 you were
so'discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
and your contention that you were
your youth and immaturity,
having family problems while serving in the military.
also considered your contention that you are now homeless and in
need of veteran's benefits.
However, the Board concluded these
factors and contentions were not sufficient to warrant
recharacterization of your discharge given your repetitive
misconduct in both the military and civilian communities.
Further, the Board noted that even after being notified of the
undesirable discharge, your misconduct continued as evidenced by
the 49 day period of UA.
Accordingly, your application has been
denied.
The Board
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
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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