DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TRG
Docket No: 3857-00
27 June 2001
,
Dear
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 19 June 2001.
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.
Your allegations of error and
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 22
January 1985 at age 19.
The record shows that during the period
3 April 1986 to 11 March 1988 you received nonjudicial punishment
(NJP) on five occasions.
Your offenses were four short periods
of unauthorized absence totaling about three days and treating a
sergeant with contempt.
forfeitures of pay totaling $855 and a reduction in grade to PFC
(E-2).
concerning absences from your appointed place of duty and failure
to maintain a clean room.
recommended for an alcohol rehabilitation program.
In addition, you were counseled on several occasions
The punishments imposed included
On 8 September 1986 you were
Based on the foregoing record you were processed for an
administrative discharge by reason of misconduct due to minor
disciplinary infractions.
An administrative discharge board met
on 30 June 1988 and recommended a general discharge by reason of
misconduct.
Subsequently, the discharge authority approved the
recommendation and directed a general discharge by reason of
misconduct.
1988 you received an honorable discharge by reason of misconduct.
However, the DD Form 214 shows that on 10 August
Please be advised that NJP evidence is routinely destroyed after
a period of two years and documentation concerning your
However, the Board noted that you committed
unavailable.
offenses warranting disciplinary action and it was certainly
within the commanding officer's discretion to impose NJP for
those offenses.
that the reduction was suspended for six months on 18 December
1987 and the suspension was vacated on 11 March 1988 in
connection with the NJP of that same date.
evidence is available, it appears that the reduction in grade was
The Board concluded that the commanding officer did
Concerning the reduction to PFC, the Board noted
Since no other
NJP's is
< appropriate.
not abuse his discretion when he disciplined you for your
misconduct and the punishments imposed were not too severe.
The record shows that on 6 January 1988 you were diagnosed with a
mixed personality disorder.
in the record, and you have submitted none, to show that you
suffered from any condition that would have warranted disability
processing.
However, there is no documentation
The Board found that a record that included five
counseling entries was sufficient to justify discharge processing
by reason of misconduct and the issuance of a general discharge.
However, as indicated, the DD Form 214 shows that you erroneously
received an honorable discharge and action by the Board on the
characterization of discharge issue is not necessary.
NJP's and
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
2
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