DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON,
D.C. 20370-5100
TRG
Docket No: 8004-98
19 March 1999
Dear
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 16 March 1999.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
Board.
your application, together with all material submitted in support
thereof, your naval record and applicable statutes, regulations
and policies.
Your allegations of error and
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 23
October 1978 at age 18.
The record shows that you received
nonjudicial punishment on six occasions and were convicted by a
summary court-martial.
Your offenses were five absences from
your appointed place of duty,
disrespect.
five instances of disobedience and
Based on the foregoing record you were processed for an
administrative discharge by reason of misconduct.
documentation to support discharge processing is not filed in
your service record.
waived your right to have your case heard by an administrative
discharge board.
conditions on 8 October 1981.
You were discharged under other than honorable
However, the DD Form 214 indicates that you
The
In its review of your application the Board weighed all
potentially mitigating factors, such as your youth, limited
education and your contention that you were told that your
discharge would be upgraded after six months.
The Board found
that these factors and contentions were not sufficient to warrant
recharacterization of your discharge given your repeated
The Board was aware that there is no law or
misconduct.
regulations requires the upgrade of any discharge based solely on
The Board concluded that the discharge was
the passage of time.
proper as issued and no change is warranted.
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
The names and
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
2
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