Y
DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAW ANNEX
WASHINGTON DC
20370~5100
TJR
Docket No: 3896-99
13 June 2000
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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 6 June 2000.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
your application,
thereof, your naval record,
and policies.
Documentary material considered by the Board consisted of
together with all material submitted in support
and applicable statutes, regulations,
Your allegations of error and
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.
The Board found you enlisted in the Marine Corps on 20 February
1980 at the age of 19.
you received nonjudicial punishment (NJP) for misbehavior as a
sentinel and were awarded correctional custody for seven days,
which was suspended for a month,
On 5 and 15 December 1980 you received NJP for a day of
unauthorized absence (UA) and misbehavior as a sentinel.
Your record reflects that on 9 April 1980
and forfeitures totalling $100.
Your record also reflects that during the period from 24 February
to 14 November 1981 you received NJP on four more occasions for
larceny, two periods of absence from your appointed place of
duty, and possession of marijuana.
On 18 November 1981 you were notified of pending administrative
separation action by reason of misconduct due to frequent
involvement of a discreditable nature with military and civilian
authorities.
present your case to an administrative discharge board (ADB).
Your commanding officer recommended you be issued an other than
honorable discharge by reason of misconduct due to frequent
After consulting with legal counsel, you elected to
involvement of a discreditable nature with military and civilian
authorities.
and directed your commanding officer to issue you an other than
honorable discharge.
so discharged.
The discharge authority approved the recommendation
Accordingly, on 5 February 1982, you were
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity, good post service conduct, and your
contention that you would like your discharge upgraded.
the Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given the seriousness of
your frequent misconduct which resulted in seven
also noted that although you elected your right to an ADB, you
eventually waived this right as evidenced by your signature on
your Certificate of Discharge or Release from Active Duty (DD
Form
without an ADB.
Given all the circumstances of your case, the
Board concluded the your discharge was proper and no change is
warranted.
214), which indicates that you were properly separated
Accordingly, your application has been denied.
However,
NJPs.
The Board
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
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