DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR
Docket No: 3993-01
21 November 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 Naval
Records, sitting in executive session, considered your
application on 14 November 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
The Board found you enlisted in the Marine Corps
the age of 18.
received nonjudicial punishment (NJP) for two specifications of
failure to go to your appointed place of duty and a two day
period of unauthorized absence
a $100 forfeiture of pay and restriction for 14 days.
Your record reflects that on 2 November 1984 you
The punishment imposed was
on 3 May 1983 at
WA).
Your record further reflects that on 18 January and again on 20
June 1985 you received NJP for failure to go to your appointed
place of duty, altering a receipt, and uttering worthless checks.
Shortly thereafter, on 29 July 1985 you were notified of pending
administrative separation action by reason of misconduct due to
minor disciplinary infractions.
counsel you initially elected to present your case to an
administrative discharge board (ADB).
further advice from counsel,
your case to an
recommended you be discharged under other than honorable
conditions by reason of misconduct due to minor disciplinary
infractions as evidenced by the three
However, after receiving
you withdrew your request to present
Subsequently, your commanding officer
After consulting with legal
On 4 September 1985'
ADB.
NJPs.
the discharge authority approved the commanding officer's
recommendation and directed an other than honorable discharge by
reason of misconduct.
On 8 November 1985 you were so discharged.
The Board, in its review of-your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity and your contention that other Marines
were ordered to write adverse statements in reference to your
character.
the adverse statements, you submitted no evidence that these
However, the Board noted that although you submitted
and the record contains no such
’ statements were coerced,
4 evidence.
,.
The Board concluded these factors and contention were
not sufficient to warrant recharacterization of your discharge
because of your repetitive misconduct.
circumstances of your case,
was proper as issued and no change is warranted.
your application has been denied.
the Board concluded your discharge
Accordingly,
Given all the
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
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
for.a correction of an official naval
Sincerely,
W. DEAN PFEIFFER
Executive Director
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