DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS
Y
2 NAW ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 1532-00
28 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 26 August
1974 at the age of 18.
nearly a year without incident.
period from 12 June until 3 December 1975 you received
nonjudicial punishment (NJP) on four occasions for two periods of
absence from your appointed place of duty, disobedience, three
specifications of failure to obey a lawful order, and two
incidents of failure to go to your appointed place of duty.
Your record reflects that you served for
However, during the six month
Your record further reflects that on 7 January 1976 you were
convicted by summary court-martial (SCM) of stealing of two
valued at $100 and sentenced to confinement at hard labor for 30
days and a $150 forfeiture of pay.
Shortly thereafter, on 13
February 1976, you received NJP for absence from your appointed
place of duty and were awarded forfeitures totalling $75.
May 1976 you received your sixth NJP for absence from your
appointed place of duty.
forfeiture of pay.
The punishment imposed was a $50
tir,es
On 13
On 1 June 1976 you were notified of pending administrative
separation action by reason of misconduct due to frequent
involvement of a discreditable nature with military authorities.
After consulting with legal counsel you elected to present your
case to an administrative discharge board (ADB).
an ADB recommended you be issued an other than honorable
discharge by reason of misconduct.
authority directed your commanding officer to issue you an other
than honorable discharge.
discharged.
On 23 July 1976 you were so
On 7 July 1976 the discharge
On 29 June 1976
such as your youth and
and your contention that
The Board, in its review of your entire record and application
considered all mitigating factors,
immaturity, good post service conduct,
you would like your discharge upgraded since approximately 24
years have passed since your separation.
concluded these factors were not sufficient to warrant
recharacterization of your discharge given your frequent
misconduct which resulted in six
conviction.
Given all the circumstances of your case
the passage of time.
the Board concluded your discharge was proper as issued and no
change is warranted.
denied.
Accordingly, your application has been
Further, no discharge is upgraded merely because of
NJPs and a court-martial
However, 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
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
2
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