DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS
Y
2 NAW ANNEX
WASHINGTON DC 203704100
TJR
Docket No: 1967-00
31 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 29 August 2000.
injustice were reviewed in accordance with administrative
of this
regulations and procedures applicable to the proceedings
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 punishment imposed was
The Board found you enlisted in the Marine Corps on 6 August 1976
Your record reflects that you served for a
at the age of 17.
year without disciplinary incident but on 1 September 1977 you
received nonjudicial punishment
(NJP) for a two day period of
unauthorized absence (UA).
forfeitures totalling $97 and restriction and extra duty for 14
days.
months.
for failure to obey lawful order.
$103 forfeiture of pay and restriction for 14 days. On 23
December 1977 you received your third NJP for two periods
totalling 30 days.
totalling $396, correctional custody for 30 days, and reduction
to
Shortly thereafter, on 7 October 1977, you received NJP
The punishment imposed was a
The restriction and extra duty were suspended for six
The punishment imposed was forfeitures
of UA
paygrade E-l.
Subsequently, you were processed for an administrative separation
by reason of convenience of the government due to low proficiency
and conduct averages.
The discharge authority directed your
commanding officer to issue you a
honorable conditions by reason of
1978 you were so discharged.
general discharge under
unsuitability, and on 3
January
Character of service is based, in
proficiency averages which are computed from marks assigned
during periodic evaluations.
average of 4.0 in conduct was required at the time of your
separation for a fully honorable characterization of service.
Your conduct average was 3.8. An
part, on conduct and
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 contentions that you would
like your discharge upgraded and to be reinstated in
E-3. However, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge or
reinstatement in
since your conduct average was insufficiently high to warrant a
Given all the circumstances of your
fully honorable discharge.
case, the Board concluded your discharge and
as issued and no change is warranted.
application has been denied.
paygrade E-3 given your frequent misconduct, and
Accordingly, your
paygrade
paygrade were proper
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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