DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR
Docket No: 1117-01
9 October 2001
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 2 October 2001.
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.
Your allegations of error and
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.
Your record reflects that you served for a
The Board found you enlisted in the Marine Corps on 28 May 1996
at the age of 18.
year and three months without disciplinary incident.
1 August 1997, you received nonjudicial punishment
(NJP) for
absence from your appointed place of duty and stealing $566 in
unauthorized long distance telephone services.
imposed was a $600 forfeiture of pay, which was
six months, restriction and extra duty for 45 days, and reduction
to
The punishment
suspended for
paygrade E-l.
However, on
Your record further reflects that on 13 March 1998 you received
NJP for absence from your appointed place of duty and were
awarded a suspended forfeiture of pay,
extra duty for 15 days,
days later, on 16 March 1998, you were convicted by summary
court-martial (SCM) of absence from your appointed place of duty
and breaking restriction.
30 days and a $617 forfeiture of pay.
and a suspended reduction in rank.
You were sentenced to confinement for
restriction for 30 days,
Three
On 31 March 1998 you were notified of pending administrative
separation action by reason of misconduct due to minor
disciplinary infractions and a pattern of misconduct.
time you waived your rights to consult with legal counsel,
present your case to an administrative discharge board, and to
submit a statement in rebuttal to the discharge.
officer recommended you be discharged under other than honorable
conditions by reason of misconduct due to minor disciplinary
infractions and a pattern of misconduct.
Subsequently, the
discharge authority directed an other than honorable discharge by
reason of misconduct, and on 29 May 1998 you were so discharged.
At that
Your commanding
good post service conduct, and your
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity,
contention that you attempted to apply for a compassionate
reassignment but were told your request was futile.
Board noted that you submitted no evidence in support of this
contention, and the record contains no such evidence.
concluded these factors and contention were not sufficient to
warrant recharacterization of your discharge because of the
serious nature of your repetitive misconduct which resulted in
two
which lasted only two years.
Given all the circumstances of your
case, the Board concluded your discharge was proper as issued and
no change is warranted.
denied.
NJPs and a court-martial conviction during an enlistment
Accordingly, your application has been
However, the
The Board
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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