DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
ELP
Docket No. 3599-01
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.
However, during the 35 month period
You enlisted in the Marine Corps on 28 June 1979 for four years
at age 18.
You were advanced to PFC (E-2) and served for nearly
12 months without incident.
from June 1980 to May 1983 you received six nonjudicial
punishments and were convicted by a summary court-martial.
offenses consisted of sleeping on post as a sentinel, three
instances of failure to go to your appointed place of duty,
losing a rifle, laying down while on post, stealing $220 in cash,
dereliction of duty, failing to secure your rifle, and two
periods of unauthorized absence totalling about eight hours.
On 23 May 1983 you were notified that you were being recommended
for an other than honorable discharge by reason of misconduct due
to a pattern of misconduct.
You were advised of your procedural
rights aiid after consulting with legal counsel, you waived the
right to present your case to an administrative discharge board
(ADB).
Thereafter, both the commanding officer and battalion
Your
A staff judge advocate reviewed the proceedings and
commander recommended discharge under other than honorable
conditions.
found them sufficient in law and fact.
discharge authority directed discharge under other than honorable
condition by reason of misconduct due to a pattern of misconduct.
On 27 June 1983 you were issued a DD Form 214 which shows your
character of service as "general (other than honorable)"
On 14 June 1983 the
you were
The Board
NJPs and a summary-court-martial
The Board noted your contention that your offenses
In its review of your application the Board carefully weighed all
potentially mitigating factors such as your youth and immaturity
and the fact that it has been more than 18 years since
discharged.
were not bad enough to get a general discharge.
concluded that the foregoing factors and contention were
insufficient to warrant recharacterization of your discharge
given your record of six
conviction.
The Board noted that sleeping on post and theft are
not minor offenses, but serious offenses for which you could have
received a punitive discharge.
It is clear from the record you
were to be discharged under other than honorable conditions.
Further, there is no such characterization as "general (other
than honorable)."
detriment of an individual,
Since the DD Form 214 is
general under honorable conditions.
obviously in error, you may request that Headquarters, Marine
Corps to administratively correct the DD Form 214 to show you
were discharged under other than honorable conditions.
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon request.
The Board will not direct a correction to the
and it finds no basis to change it to
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.
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.
it is important to keep in mind that a
You are entitled to have
Sincerely,
W. DEAN PFEIFFER
Executive Director
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