DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 8139-07
9 October 2008
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 8 October 2008. 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 1 November 1965 at age 17 and
served without disciplinary incident until 24 January 1967, when
you received nonjudicial punishment (NIP) for an eight day period
of unauthorized absence (UA). On 3 August 1967 you were
convicted by special court-martial (SPCM) of three periods of UA
totalling 60 days and breaking straggler orders. About five
months later, on 8 January 1968, you were again convicted by SPCM
of a 23 day period of UA.
On 8 May 1969 you were convicted by SPCM of a 204 day period of
UA. You were sentenced to confinement at hard labor for six
months, reduction to paygrade E-1, a $450 forfeiture of pay, and
a bad conduct discharge (BCD). However, the BCD was subsequently
suspended. Nonetheless, you were subsequently notified of
pending administrative separation by reason of misconduct due to
frequent involvement of a discreditable nature with military
authorities. At that time you waived your right to consult with
legal counsel and to present your case to an administrative
discharge board (ADB). On 27 February 1970 your commanding
officer recommended an undesirable discharge by reason of
misconduct due to frequent involvement of a discreditable nature
with military authorities. On 7 March 1970 the discharge
authority approved this recommendation and directed an
undesirable discharge, and on 13 March 1970 you were so
discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and assertions that you made some bad decisions and
that your periods of UA were due to you experiencing personal
problems. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of your repetitive misconduct which resulted in NJP and
three court-martial convictions. Accordingly, your application
has been denied.
The names and votes of the members of the panel will be furnished
upon request.
It is regretted that the circumstances of your case are such that
favorable action cannot be taken. You are entitled to have the
Board reconsider its decision upon submission of new and material
evidence or other matter not previously considered by the Board.
In this regard, it is important to keep in mind that a
presumption of regularity attaches to all official records.
Consequently, when applying for a correction of an official naval
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
LoWee.$ \
W. DEAN PFERF
Executive Direlkqo
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