DEPARTMENT OF THE NAVY
B O A R D F O R C O R R E C T I O N O F N A V A L R E C O R D S
2 N A V Y A N N E X
W A S H I N G T O N D C 2 0 3 7 0 - 5 1 0 0
CRS
Docket No: 7198-00
1 March 2001
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 28 February 2001. 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 10 June
1982 at age 18. Your enlistment documents reveal that you
enlisted for "Infantry Only - 03". After recruit training, you
were sent to Infantry Training School (ITS). Upon completion of
ITS, you were awarded Military Occupational Specialty (MOS) 0331
- Machine Gunner. Subsequently, you were assigned duties as a
guard and barracks grounds man.
The record reflects that you received three nonjudicial
punishments during the period of 13 September to 28 November
1983. The offenses included.failure to obey a lawful order, use
of marijuana, willful disobedience of a lawful order, and
disrespect on two occasions.
On 8 December 1983 the commanding officer recommended that you be
separated with an other than honorable discharge by reason of
misconduct due to a 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 16 December 1983.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your contentions
concerning the discharge. However, the Board concluded that
these factors were not sufficient to warrant recharacterization
of your discharge, goven your three disciplinary actions. In
this regard, the Board considered your contentions but found them
without merit. It appears that the Marine Corps fulfilled its
responsibility under the enlistment contract by sending you to
ITS and awarding an MOS of 0331. 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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