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NAVY | BCNR | CY1998 | 07823-98
Original file (07823-98.pdf) Auto-classification: Denied
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 NAVY ANNEX 

WASHINGTON DC  20370-5100 

TJR 
Docket No: 7823-98 
7 May 1999 

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 4 May 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 the evidence submitted was insufficient 
to establish the existence of probable material error or 
injustice. 

The Board found you reenlisted in the Marine Corps on 18 August 
1980 at the age of 18.  Your record reflects that on 22 April 
1981 you received nonjudicial punishment (NJP) for disobedience. 
The punishment imposed was forfeitures totalling $100 and 
restriction and extra duty for 14 days.  On 15 December 1981 you 
received NJP for wearing a private first class insignia.  The 
punishment imposed was forfeitures totalling $200 

On 5 February, 12 July, and 14 October 1982 you received NJP for 
disrespect, disturbing the peace, two incidents of absence from 
your appointed place of duty, and disobedience.  On 3 November 
1982 you were convicted by summary court-martial (SCM) of 
breaking restriction.  You were sentenced to confinement at hard 
labor for 29 days, reduction to paygrade E-1, and forfeitures 
totalling $200.  Shortly thereafter, on 2 December 1982, you were 
notified of pending administrative separation action by reason of 
misconduct due to minor disciplinary infractions.  After 
consulting with legal counsel you waived your right to present 
your case to an administrative discharge board.  Subsequently, 

your commanding officer recommended you be issued an other than 
honorable discharge by reason of misconduct.  On 23 December 1982 
the discharge authority approved the foregoing recommendation and 
directed an other than honorable discharge.  On 1 January 1983 
you were so separated. 

The Board, in its review of your entire record and application, 
carefully weighed all potentially mitigating factors, such as 
your youth and immaturity, and your contention that you would 
like your discharge upgraded so that your sons could have a goal 
in life.  The Board further considered your contention that the 
downfall of your service was because you received poor 
counselling with basically no guidance.  However, the Board 
concluded these factors were not sufficient to warrant 
recharacterization of your discharge given your frequent 
misconduct which resulted in five NJPs and a court-martial 
conviction.  Further, the Board noted that there is no evidence 
in your record, and you submitted none, to support your 
contention of having received poor counselling.  Given all the 
circumstances of your case, the Board concluded your discharge 
was proper 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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