DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
TJR,
Docket No: 4113-01
21 November 2001
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
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 on 21 July 1988
at the age of 17.
year and two months without disciplinary incident but on 8
September 1989 you received nonjudicial punishment
disrespect and were awarded a $189 forfeiture of pay and
restriction and extra duty for 14 days.
Your record reflects that you served for a
(NJP) for
Your record further reflects that on 1 February 1990 you received
NJP for disrespect and eight specifications of writing checks
totalling $210.
pay, restriction and extra duty for 45 days, and reduction to
paygrade E-2.
The punishment imposed was a $810 forfeiture of
(UA).
The punishment imposed was a $176 forfeiture of
On 21 August 1991 you received NJP for a day of unauthorized
absence
pay and restriction and extra duty for 14 days. Approximately six
months later, on 9 January 1992, you received your fourth NJP for
disrespect and failure to go to your appointed place of duty.
The punishment imposed was a $234 forfeiture of pay and
restriction and extra duty for 14 days.
Subsequently, on 23 January 1992 you were notified of pending
administrative separation action by reason of misconduct due to
minor disciplinary infractions and a pattern of misconduct.
After consulting with legal counsel you elected to present your
case to an administrative discharge board
letter of rebuttal to the discharge.
commanding officer recommended you be discharged under other than
honorable conditions by reason of misconduct due to minor
NJPs.
(ABD) and submit a
On 2 February 1992 your
i disciplinary infractions as evidenced by the four
,hn 28 February 1992, you withdrew your request for an ADB.
,i March 1992 the discharge authority approved the commanding
officer's recommendation and directed an other than honorable
discharge by reason of misconduct.
discharged.
On 19 April 1992 you were so
However,
On 16
nature of your misconduct, length of
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity,
your service, and your service in Southwest Asia during Operation
Desert Shield/Storm.
The Board also considered the explanations
for your violations of the Uniformed Code of Military Justice
(UCMJ) .
explanations were not sufficient to warrant recharacterization of
your discharge because of your repetitive misconduct, which
resulted in four
the Board concluded your discharge was proper as issued and no
change is warranted.
denied.
However, the Board concluded these factors and
Accordingly, your application has been
Given all the circumstances of your case,
NJPs.
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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