D E P A R T M E N T O F T H E N A V Y
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAW ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 3241-98
12 August 1999
Dear
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 11 August 1999. 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.
The Board found that you enlisted in the Marine Corps on 17 June
1980 at age 17. Your record reflects that you received three
nonjudicial punishments and were convicted by a special court-
martial. The offenses included unauthorized absences totalling
47 days, failure to obey a lawful order, absence from your
appointed place of duty on three occasions, and willful
disobedience of a lawful order on two occasions.
On 30 January 1984 the commanding officer recommended that you be
separated with an other than honorable discharge by reason of
misconduct due to pattern of misconduct. When informed of the
recommendation, you elected to waive your right to present your
case to an administrative discharge board. After review by the
discharge authority, the recommendation for separation was
approved and you were discharged with an other than honorable
discharge on 4 May 1984.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and
immaturity. However, the Board concluded that these factors were
not sufficient to warrant recharacterization of your discharge,
given the four disciplinary actions and more than a month of
unauthorized absence. Therefore, the Board concluded that no
change to the discharge 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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