DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

TRG
Docket No: 2322-03
13 May 2004

Dear Mr.:

This is in reference to your application for correction of your naval record pursuant to the provisions of Title 10 of the 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 11 May 2004. 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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.

You enlisted in the Marine Corps on 19 December 1972 at age 17. On 24 September 1973, you received nonjudicial punishment for failure to go to your appointed place of duty, disobedience and disrespect. A special court-martial convened on 13 June 1974 and convicted you of two periods of unauthorized absence totaling about 88 days, missing the movement of your unit, communicating a threat, two instances of assault and escape from custody. The court sentenced you to reduction to pay grade E-1, forfeiture of $216 pay per month for three months, confinement at hard labor for 100 days and a bad conduct discharge. You began appellate leave on 30 August 1974. You remained in that status until the bad conduct discharge was issued on 4 October 1978.

In its review of your application the Board carefully weighed all potentially mitigating factors, such as your youth, limited education and low score on the aptitude test. The Board also considered your contention that racial discrimination was a factor in your case, and the character references you submitted showing that you are the pastor of a church and have been a good citizen for many years. However, the Board found that these factors and contentions were not sufficient to warrant recharacterization of your discharge given your conviction by court-martial of serious offenses. Further, there is no evidence in the record, and you have submitted none, to show that racial discrimination was a factor in your case. The Board concluded that the discharge was proper as issued and no change is warranted.

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

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