DEPARTMENT OF THE NAVY
B,OARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-510
0
CRS
Docket No: 8684-02
27 December 2002
application for correction of your
provisions of Title 10, United
This is in reference to your
naval record pursuant to the
States Code, Section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
Your allegations of error and
application on 11 December 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.
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 1 July
1970.
punishment and were convicted by a summary court-martial and a
special court-martial.
absences totalling at least 145 days and breaking restriction. A
psychiatric evaluation,
that you had a personality disorder.
On 18 November 1971 the commanding officer recommended that you
be separated with a general discharge by reason of unsuitability
When informed of the
due to a diagnosed personality disorder.
recommendadtion, you elected to waive the right to submit a
statement on your behalf.
authority, the commanding officer's recommendation for discharge
was approved.
December 1971 with an honorable discharge instead of the general
discharge directed by the separation authority.
In its review of your application the Board carefully weighed all
The record reflects that you received nonjudicial
The offenses included unauthorized
conducted on 17 September 1971, found
However, you were discharged in absentia on 29
After review by the separation
Clearly, your absences and disciplinary record
potentially mitigating factors, such as the contention that an
individual cannot receive an honorable discharge if he has
However, the Board concluded
committed unauthorized absences.
that these factors were not sufficient to warrant removal of your
In this regard, you were very fortunate
unauthorized absences.
to receive an honorable discharge, given your disciplinary action
and the unauthorized absences totalling more than four months,
and especially since the separation authority directed a general
discharge.
warranted the general discharge and it was appropriately
directed, but you benefited from a clerical error.
does not constitute a reason to remove any periods of absence
from your record.
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.
Accordingly, your application has been denied.
However, this
L
Sincerely,
W. DEAN PFEIFFER
Executive Director
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