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NAVY | BCNR | CY2001 | 03209-01
Original file (03209-01.pdf) Auto-classification: Denied
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



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