DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 1600-00
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.
Your allegations of error and
j injustice were reviewed in accordance with administrative
Documentary material considered by the Board consisted
regulations and procedures applicable to the proceedings of this
Board.
your application, together with all material submitted in support
thereof, your naval record,
and applicable statutes, regulations,
and policies.
of
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 on 2 July 1982
The Board found you enlisted in the Marine Corps on 28 January
1981 at the age of 19.
you received nonjudicial punishment (NJP) for two periods of
absence from your appointed place of duty and were awarded a $100
forfeiture of pay, which was suspended for three months, and
restriction for 14 days.
a three day period of unauthorized absence
imposed was a $149 forfeiture of pay and restriction and extra
duty for 14 days.
months.
On 12 August 1982 you received NJP for
The punishment
The forfeitures were suspended for three
(UA).
Your record further reflects that on 8 March 1983 you received
your third NJP for absence from your appointed place of duty and
were awarded a $150 forfeiture of pay and restriction and extra
duty for 14 days.
further infractions would result in disciplinary action and an
administrative separation.
On 24 May
you were absent from your appointed place of duty.
1983 you were counselled regarding the two foregoing periods of
absence, your lack of responsibility,
Shortly thereafter, you were advised that
However, on 24 April and 3 May 1983,
and your poor performance
of duties.
appointed place of duty.
On 15 June 1983 you were again absent from your
After consulting with legal counsel, you waived your
Subsequently, you were notified of a pending administrative
separation by reason of misconduct due to a pattern of
misconduct.
right to present your case to an administrative discharge board.
On 16 June 1983 your commanding officer recommended you be issued
an other than honorable discharge by reason of misconduct due to
a pattern of misconduct as evidenced by your three
continued periods of absences from your appointed place of duty.
On 7 July 1983 the discharge authority approved this
recommendation and directed your commanding officer to issue you
an other than honorable discharge by reason of misconduct.
July 1983 you were so discharged.
NJPs and
On 11
The Board further considered your
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity and your contention that you would like
your discharge upgraded.
contention that you were told that your discharge would be
upgraded six months after your separation.
concluded these factors were not sufficient to warrant
recharacterization of your discharge given your frequent periods
of absences from the Marine Corps.
upgraded merely because of the passage of time.
Given all the
circumstances of your case, the Board concluded your discharge
was proper as issued and no change is warranted.
Accordingly,
your application has been denied.
Further, no discharge is
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
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
3
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