DEPARTMENT OF THE NAVY
FOR CORRECTION OF NAVAL RECORD
BOARD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR
Docket No: 1169-01
9 October 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 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
The Board found you enlisted in the Marine Corps on 26 January
1993 at the age of 20.
a year without disciplinary incident but on 4 February 1994 you
received nonjudicial punishment (NJP) for a 17 day period of
unauthorized absence (UA) and were awarded restriction and extra
duty for 14 days and a suspended forfeiture of pay.
23 February 1994, the suspended forfeitures were vacated due to
On 18 May 1994 you received NJP for
your continued misconduct.
failure to go to your appointed place of duty.
The punishment
imposed was restriction and extra duty for 14 days and a
suspended forfeiture of pay.
However, on
Your record further reflects that on 24 April 1995, after
undergoing a psychiatric examination,
administrative separation due to a diagnoses of alcohol abuse and
an antisocial personality disorder.
you were recommended for an
Your record contains a statement from your commanding officer
(CO) which recommends you for an administrative separation
because of your misconduct during the period from 10 November
1994 to 20 April 1995.
(Member) reported to formation without a shave.... he
received a letter of indebtedness....
telephone call alleging his assault on a woman who was also
pregnant by him.... was arrested by civil authorities for
bad checks and assault.... eight days of UA.... missed two
civil court dates.... failure to appear in civil court for
bad checks and assault on a female.... confinement by civil
authorities for assault.
On 1 June 1995 the discharge authority directed a general.‘
discharge by reason of convenience of the government due to the
diagnosed personality disorder.
discharged and assigned an RE-4 reenlistment code.
your conduct average was 3.9.
Character of service was based, in part, on conduct and
performance averages which were computed from marks assigned
during periodic evaluations.
required at the time of your service for a fully honorable
characterization of service.
and your contention that your ability
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity,
to serve was impaired by your family problems.
considered your contention that you were told that you could
reenlist even though you were a convicted felon.
Board concluded these factors and contentions were not sufficient
to warrant a change in the characterization of your service or
your reenlistment code because of your misconduct in both
military and civilian communities,
was insufficiently high to warrant an honorable discharge.
The Board also
However, the
the-
and since your conduct average
Given
all the circumstances of your case,
discharge and reenlistment code were 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
You are entitled to have the
favorable action cannot be taken.
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
3
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