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NAVY | BCNR | CY2002 | 07844-01
Original file (07844-01.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC

 

20370.5100

TJR
Docket No: 7844-01
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.

A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 14 May 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings
Board.
your application,
thereof, your naval record,
and policies.

of this
Documentary material considered by the Board consisted of
together with all material submitted in support
and applicable statutes, regulations,

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.

Your record reflects that on 23 January 1961 you were

You enlisted in the Marine Corps on 24 March 1960 at the age of
18.
convicted by summary court-martial (SCM) of sleeping on post and
were sentenced to confinement at hard labor for 30 days, a $40
forfeiture of pay, and a reduction to 
December 1962 you were convicted by SCM of damaging government
property and wrongful appropriation of a Jeep valued at $5,830.
You were sentenced to a $45 forfeiture of pay and a suspended
reduction to 

paygrade  E-2.

paygrade E-l.

On 27

Your record also reflects that on 11 January and again on 25 July
1963 you received nonjudicial punishment (NJP) for failure to
obey a lawful order and absence from your appointed place of
duty.

On 14 April 1964 you were released from active duty and
transferred to the Marine Corps Reserve under honorable
conditions.
military service, you received a general discharge.

On 17 April 1966, upon completion of your obligated

Character of service is based, in part, on conduct and overall
trait averages which are computed from marks assigned during
periodic evaluations.
of 4.0 in conduct was required at the time of your separation for
a fully honorable characterization of service.

Your conduct average was 3.8.

An average

The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
It also
your youth and immaturity and post service conduct.
considered your contention that it has been over 30 years since
you were discharged and that you would like your youthful
indiscretions set aside and your discharge upgraded to honorable.
Nevertheless, the Board concluded these factors and contention
were not sufficient to warrant a change in the characterization
of your service because of your repetitive misconduct which
resulted in four  
because your conduct average was insufficiently high to warrant a
Accordingly, your
fully honorable characterization of service.
application has been denied.

NJPs and two court-martial convictions, and

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.
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



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