DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 579-05
20 October 2005
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 12 October 2005. 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.
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 on 16 January 1973 at age 19. On 20 July
and 5 December 1973, and again on 24 January 1974, you received
nonjudicial punishment (NJP) for four periods of absence from your
appointed place of duty.
On 28 January 1974 you submitted a written statement admitting to cashing
a stolen check, and also stating that you were willing to make
restitution. On 22 March 1974 you where charged with wrongful possession
of marijuana. However, the record does not reflect the disciplinary action
taken for this misconduct.
You were convicted by summary court-martial (SCM) on 2 April and 11 June
1974 of three periods of unauthorized absence (UA) totaling four days and
five periods of absence from your appointed place of duty. On 16 September
1974 you received NJP for nine periods of failure to go to your appointed
place of duty. The punishment imposed was extra duty for 30 days and a $50
forfeiture of pay.
Subsequently, you were notified of pending administrative separation action
by reason of misconduct due to frequent involvement of a discreditable
nature with civilian or military authorities. At that time you waived your
right to consult with legal counsel and to present your case to an
administrative discharge board. On 2 October 1974 you began a 29 day period
of UA. During this period of UA, your commanding officer recommended
separation by reason of misconduct due to frequent involvement of a
discreditable nature with civilian or military authorities. On 25 October
1974 the discharge authority approved this recommendation and directed an
undesirable discharge.
You received your fifth NJP for the foregoing period of UA, were awarded an
official reprimand, and subsequently discharged on 5 November 1974.
The Board, in its review of your entire record and application, carefully
weighed all potentially mitigating factors, such as your youth and
assertions that you would like your discharge upgraded based on the
hardships you experienced at the time of your separation, and so that you
may obtain veterans benefits. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your discharge
because of the seriousness of your repetitive misconduct which resulted in
five NJPs and two court-martial convictions. Further, there is no evidence
in the record, and you submitted none, to support your assertion of
experiencing any hardships. 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 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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