DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS
Y
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 2203-00
20 September 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 6 September 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
applicab1.e statutes, regulations,
thereof, your naval record,
and policies.
Your allegations of error and
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 June 1980
at the age of 17.
Your record reflects that you served without disciplinary
incident until 10 July 1982 when you received nonjudicial
punishment (NJP) for three periods of unauthorized absence (UA)
totalling 26 days.
of pay, reduction to
for 30 days.
evaluation, you were diagnosed with a personality disorder.
days later, on 23 July 1980, you received NJP for breaking
restriction and were awarded a reduction in rate.
The punishment imposed was a $500 forfeiture
paygrade E-3, and restriction and extra duty
Two
On 21 July 1982, following a psychiatric
Subsequently, you were notified of pending administrative
separation in accordance with the Marine Corps Expeditious
At this time you waived your rights to
Discharge Program.
consult with legal counsel and to submit a statement in rebuttal
to the discharge.
commanding officer to issue you a general discharge, and on 11
August 1982 you were so discharged.
The discharge authority directed your
Character of service is based, in part, on-conduct and overall
trait averages which are computed from marks assigned during
An average
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 3.7.
good post service conduct, and your
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity,
contention that your service was honorable until there was a
death at home.
The Board also considered your request to
re-
However, the
characterize your discharge to fully honorable.
Board concluded these factors were not sufficient to warrant a
change in your discharge given
misconduct, and since your conduct average was insufficiently
high to warrant an honorable discharge.
upgraded merely because of the passage of time.
_
circumstances of your case,
was proper and no change is warranted.
application has been denied.
the Board concluded your
Accordingly,
the serious nature of your
-
Further, no discharge is
Given all the
discharge
your
The names and votes of the members of the panel will
upon request.
be furnished
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
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