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NAVY | BCNR | CY2000 | 07198-00
Original file (07198-00.pdf) Auto-classification: Denied
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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