DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 2287-01
16 August 2001
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10 of the 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 14 August 2001. Your allegations of error and
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.
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Marine Corps on 27 May 1977 at age 18. On 7
November 1978 and 21 May 1979 you received nonjudicial punishment
for being drunk on duty, disobedience, and two periods of
unauthorized absence totaling about three days.
On 9 November 1979 you began a period of unauthorized absence
which lasted until 6 October 1980. A special court-martial
convened on 19 December 1980 and convicted you of the foregoing
333 day period of unauthorized absence. The court sentenced you
to reduction to pay grade E-1 and confinement at hard labor for
three months.
You were restored to duty from confinement on 24 February 1981.
You then served in an excellent manner until you were released
from active duty on 5 August 1982, with your service
characterized as being under honorable conditions. Subsequently,
you were issued a general discharge at the end of your military
obligation.
Character of service is based, in part, on conduct and
proficiency averages which are computed from marks assigned
during periodic evaluations. Your conduct and proficiency
averages were 3.8 and 3.9, respectively. A minimum average mark
of 4.0 in conduct was required at the time of your separation for
a fully honorable characterization of service.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, the period of
good service after the special court-martial conviction, and your
desire for an honorable discharge certificate. The Board found
that these factors were not sufficient to warrant
recharacterization of your discharge given your record of
misconduct which included a 333 day period of unauthorized
absence and your failure to achieve the required average mark in
conduct. The Board believed that you were fortunate not to have
received a bad conduct discharge after being convicted by a
special court-martial of the lengthy period of absence. The
Board concluded that the characterization of your service upon
release from active duty and at the time of your discharge was
appropriate and no change is warranted.
Accordingly, your application has been denied. 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
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