DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
ELP
Docket No. 3131-01
28 September 2001
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 Navy Records,
sitting in executive session,
26 September 2001.
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.
Your allegations of error and injustice were
considered your application on
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.
The record reflects that you were advanced to PFC
You enlisted in the Marine Corps on 3 October 1994 for four years
at age 20.
(E-2) and served for 12 months without incident. However, during
the four month period from October 1995 to February 1996, you
received two nonjudicial punishments (NJP) and were convicted by
a summary court-martial.
instances of failure to obey a lawful order, two instances of
disrespect, and failure to go to your appointed place of duty.
You were formally counseled three times regarding the
deficiencies in your performance and conduct and warned that
failure to take corrective action could result in administrative
separation.
Your offenses consisted of two
On 3 April 1996 you were notified that you were being recommended
for discharge under other than honorable conditions by reason of
misconduct due to a pattern of misconduct, as evidenced by the
foregoing disciplinary actions and the three counselings of
You were advised of your procedural rights, declined to
record.
consult with legal counsel or submit a statement in your own
behalf, and waived the right to present your case to an
administrative discharge board (ADB).
officer recommended discharge under other than honorable
conditions by reason of misconduct due to a pattern of
misconduct.
found the case sufficient in law and fact.
authority approved the recommendation and directed an other than
honorable discharge.
Block 12a (Date entered on active duty) of your DD Form 214 is in
error and should read 3 October 1994 vice 15 June 1994.
A staff judge advocate reviewed the proceedings and
You were so discharged on 24 May 1996.
The discharge
Thereafter, the commanding
_
On 22 November 1999 the Naval Discharge Review Board denied your
request for an upgrade of your discharge.
NJPs and a summary court-martial
The Board concluded that these factors were
In its review of your application the Board carefully weighed all
potentially mitigating factors such as your letters of reference
and the fact that it has been more than five years since you were
discharged.
insufficient to warrant recharacterization of your discharge,
given your record of two
conviction in 22 months of service.
were a high school graduate with average intelligence and, at age
20, you were older than average recruit.
The Board believed you
possessed the requisite skills to meet the demands of military
service.
However, you failed to learn from your disciplinary
The Board noted the aggravating
experiences and counselings.
factor that you waived an ADB,
the one opportunity you had to
show why you should be retained or discharged under honorable
conditions.
persuasive argument in support of your application.
concluded that the discharge was proper and no change is
warranted.
names and votes of the members of the panel will be furnished
upon request.
You have provided neither probative evidence nor a
The Board
Accordingly, your application has been denied. The
The Board noted that you
A correction to block 12a of your DD Form 214 is administrative
in nature and does not require action by the Board.
You may
submit such a request for correction to the custodian of your
records, the National Personnel Records Center, Military
Personnel Records, 9700 Page Boulevard, St Louis MO 63132-5200.
It is regretted that the circumstances of your case are such
that favorable action cannot be taken.
the Board reconsider its decision upon submission of new and
material evidence or other matter not previously considered by
the Board. In this regard,
presumption of regularity attaches to all official records.
it is important to keep in mind that a
You are entitled to have
2
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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