DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
ELP
Docket No. 3209-01
31 August 2001
Dear-
This is in reference to your
naval record pursuant to the
States Code, Section 1552.
application for correction of your
provisions of Title 10, United
considered your application on
Your allegations of error and injustice were
A three-member panel of the Board for Correction of Navy Records,
sitting in executive session,
29 August 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.
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 Board found that you enlisted in the Marine Corps on
18 September 1979 for four years at age 19.
that you were advanced to PFC (E-2) and served for nearly nine
months without incident.
from June to December 1980 you received three nonjudicial
punishments (NJP) for failure to obey a lawful order, two
instances of absence from your appointed place of duty, and
possession of a pipe containing marijuana residue.
1981, a suspended reduction in rank awarded at your third NJP was
vacated and ordered executed.
However, during the six month period
The record reflects
On 22 January
On 23 February 1981 you were separated under the expeditious
discharge program with a general discharge.
Regulations provided that individuals discharged under the
expeditious discharge program would receive the type of discharge
warranted by the service record.
in part, on conduct and proficiency averages which are computed
from marks assigned during periodic evaluations.
conduct and proficiency averages were 2.8 and 3.0, respectively.
A minimum average conduct mark of 4.0 was required for a fully
honorable characterization at the time of your discharge.
Character of service is based,
Your final
The Board noted your contention that
the Board carefully weighed
In its review of your application,
all potentially mitigating factors such as your youth and
immaturity, and the fact that it has been more than 20 years
since you were discharged.
you were told that after six months,
your discharge would be
The Board concluded that the foregoing factors and
upgraded.
contention were insufficient to warrant recharacterization of
your discharge given your record of three
of service, and the fact that you failed to achieve the required
average in conduct.
The Board believed that you were fortunate
that the commanding officer did not process you for a discharge
under other than honorable conditions.
There are no automatic
provisions for upgrading a discharge.
the discharge would be upgraded after six months, that does not
provide a valid basis for recharacterizing service.
thus 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.
Accordingly, your application has been denied. The
NJPs in only 17 months
Even if you were told that
The Board
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
2
NAVY | BCNR | CY2002 | 05636-00
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 April injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Documentary material considered by the Board consisted of Board. After careful and conscientious consideration of the entire record, the Board found that the evidence submitted was insufficient to establish the existence of probable...
NAVY | BCNR | CY2007 | 05278-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 January 2008. 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. The Board found that these factors and contentions were not sufficient to warrant recharacterization of your discharge given your disciplinary...
NAVY | BCNR | CY2001 | 03849-01
3849-01 12 October 2001 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. considered your application on Your allegations of error and injustice were A three-member panel of the Board for Correction of Navy Records, sitting in executive session, 11 October 2001. reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. incident...
NAVY | BCNR | CY2001 | 05555-01
Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Documentary material considered by the Board consisted of Board. Character of service is based, in part, on one's conduct and overall traits averages, both of which are computed from marks assigned during periodic evaluations. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to...
NAVY | BCNR | CY2011 | 00473-11
RB three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 October 2011. Nevertheless, the Board concluded these factors were not sufficient to warrant a change of your narrative reason for separation because of the documented evidence of your physical disability or recharacterization of your general discharge because of your misconduct, which resulted in two NUJPs, and since your conduct average was insufficiently...
NAVY | BCNR | CY2007 | 03567-07
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 the evidence submitted was insufficient to establish the existence of probable material error or injustice.On 20 January 1975, you enlisted in the Marine Corps at age 20. On 27 January 1976, your commanding...
NAVY | BCNR | CY2010 | 07609-10
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. An average of 4.0 in conduct was required at the time of your separation for a fully honorable characterization of service. Further, Marines with an extensive record of misconduct, such as yours, normally receive discharges under other than honorable conditions, and as such the Board noted...
NAVY | BCNR | CY1999 | 02209-99
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. Consequently, when applying for a correction of an official naval record, the burden is on the...
NAVY | BCNR | CY2006 | 07492-06
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 the evidence submitted was insufficient to establish the existence of probable material error or injustice.You enlisted in the Marine Corps on 14 August 1978 at age 19. Nevertheless, the Board concluded these...
NAVY | BCNR | CY1999 | 00159-99
in your record. Regulations required the assignment of an RE-4 reenlistment code to individuals discharged command due to substandard performance or by reason of inability to adapt to military service." The Board noted that you have applied for the Navy The Board also noted that the commanding and that your contention that You contend that you NJPs in only 16 months of service.