Y
DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 1598-00
25 August 2000
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 9 August 2000.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
Board.
your application, together with all material submitted in support
and applicable statutes, regulations,
thereof, your naval record,
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 9 July 1974
Your record reflects that you served without
at the age of 20.
disciplinary incident until 27 May 1975 when you received
nonjudicial punishment (NJP) for absence from your appointed
place of duty.
$50.
The punishment imposed was forfeitures totalling
Your record further reflects that on 19 March 1976 you received
NJP for failure to go to your appointed place of duty and were
awarded restriction for seven days and a $50 forfeiture of pay.
The restriction was suspended for two months.
thereafter, on 29 March 1975, you received NJP for absence from
The punishment imposed was a $50
your appointed place of duty.
The suspended
forfeiture of pay and restriction for seven days.
restriction awarded at the 19 March 1976 NJP was also vacated due
to your continued misconduct.
for absence from your appointed place of duty and disobedience.
The punishment imposed was forfeitures totalling $50, which was
suspended for three months.
On 24 August 1976 you received NJP
Shortly
On 17 May 1977 you received your fifth NJP for failure to
lawful order and were awarded a $75 forfeiture of pay and
correctional custody for 30 days.
obey a
On 8 July 1977, at the expiration of your enlistment, you
released under honorable conditions.
completion of your military obligation, you received a general
discharge.
On 27 May 1980, upon
were
Character of service is based, in part, on conduct and overall
trait averages which are computed from marks assigned during
periodic evaluations.
of 4.0 in conduct was required at the time of your separation for
a fully honorable characterization of service.
Your conduct average was 3.9.
An average
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 to fully
The Board also considered your contention that your
honorable.
discharge was too harsh for the problems 'that you had and should
not have been based on your proficiency and conduct ratings.
Board further considered your contention that you now have a
disability and your health is getting worse.
concluded these factors and contentions were not sufficient to
warrant a change in your discharge given your frequent
misconduct, which resulted in five
average was insufficiently high to warrant an honorable
Given all the circumstances of your case, the Board
discharge.
concluded your discharge was proper and no change is warranted.
Accordingly, your application has been denied.
NJPs, and since your conduct
However, the Board
The
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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