DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 1354-00
27 June 2000
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 13 June 2000.
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.
The Board found you enlisted in the Marine Corps on 3 January
1990 at the age of 18.
two years without incident.
1992, you received nonjudicial punishment
obey a lawful order and disrespect.
Your record reflects that you served for
However, on 9 January and 23 March
(NJP) for failure to
Your record further reflects that on 2 January 1993 you received
NJP for absence from your appointed place of duty.
punishment imposed was a reduction in rank.
received NJP for uttering two check without sufficient funds and
were awarded forfeitures totalling $752, restriction and extra
duty for 45 days, and reduction to
were suspended for six months.
paygrade E-l.
On 24 June 1993 you
The
The forfeitures
On 14 July 1993 you were notified of pending administrative
separation action by reason of misconduct due to minor
infractions and a pattern of misconduct as evidenced by
counselling violations and the four
legal counsel you elected to present your case to an
NJPs.
After consulting with
t
ADB.
On 19 August 1993 you
Your commanding officer then recommended you be
administrative discharge board (ADB).
received your fifth NJP for and failure to obey a lawful order.
The punishment imposed was forfeitures totalling $814, extra duty
and restriction for 45 days.
The suspended forfeitures awarded
at the 24 June 1993 NJP were also vacated at this time.
Later,
after further consultation with legal counsel, you waived your
right to an
issued an other than honorable discharge by reason of misconduct
due to minor disciplinary infractions.
The discharge authority
approved this recommendation and directed your commanding officer
to issue you an other than honorable discharge.
On 27 September
1993 you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors,, such as
your youth and immaturity, good post service conduct, and your
contention that you would like your discharge upgraded so that
you may be eligible for veteran's benefits.
concluded these factors were not sufficient to warrant
recharacterization of your discharge given your frequent
misconduct, which resulted in five
Given all the
circumstances of your case,
the Board concluded the your
discharge was proper and no change is warranted.
your application has been denied.
However, the Board
NJPs.
Accordingly,
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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