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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