DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON
DC 20370-510
0
TJR
Docket No: 4906-01
27 December 2001
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 19 December 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.
On 10 February 1983 you
The punishment imposed was a $50 forfeiture of pay,
On 12
tias suspended for six months, and an oral reprimand.
The Board found you enlisted in the Marine Corps on 10 June 1982
Your record reflects that on 19 January 1983
at the age of 18.
you received nonjudicial punishment (NJP) for failure to obey a
lawful order and were awarded a $50 forfeiture of pay, a portion
of which was suspended for a month.
received NJP for failure to obey a lawful order, breach of peace
and assault.
which
January 1984 you received NJP for disrespect and were awarded a
paygrade E-2, which was suspended for four months.
reduction to
Your record further reflects that on 7 March 1985 you received
NJP for three specifications of an unspecified periods of
unauthorized absence (UA), assault,
insubordination, three specifications of failure to obey a lawful
order, resisting arrest, and an unspecified violation of Article
134 of the Uniform Code of Military Justice. The punishment
imposed was a $200 forfeiture of pay,
for 45 days, and reduction to
received NJP for absence from your appointed place of duty and
disrespect.
and reduction to
The punishment imposed was a $200 forfeiture of pay
paygrade E-2.
restriction and extra duty
On 20 May 1985 you
four specifications of
paygrade E-l.
On 27 May 1985 you were notified of pending administrative
separation action by reason of misconduct due to commission of a
serious offense.
At that time you waived your rights to consult
with legal counsel, to present your case to an administrative
discharge board, and to submit a statement in rebuttal to the
discharge.
On 30 May 1985 your commanding officer recommended
you be discharged under other than honorable conditions by reason
of misconduct due to commission of a serious offense.
recommendation noted, in part, as follows:
The
(Member) is unable to adjust to the rules, regulations, and
standards required to be a productive member of this command
or the Naval Service.
(His) offenses of misconduct as
documented, make him unsuitable for service in the Navy.
The punishment awarded him for his violations, extensive
counselling and assistance from all levels of the chain of
command have failed to reverse his behavior.
(He) has
received mast five times for various violations.
(His)
retention is not considered in the best interest of the
Navy, and it is strongly recommended that a discharge by
reason of misconduct due to commission of a serious offense
be awarded and that such discharge be under other than
honorable conditions.
On 16 June 1985 the discharge authority directed an other than
honorable discharge by reason of misconduct, and on 27 June 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, good post service conduct, and your
contention that you were not given an opportunity to complete
your full term of service.
contention that you were told that your discharge would be
automatically upgraded a year after your separation.
discharge is automatically upgraded merely due to the passage of
time.
Therefore, Board concluded these factors and contentions
were not sufficient to warrant recharacterization of your
discharge because of the serious nature of your repetitive
misconduct which resulted in five
circumstances of your case,
was proper as issued and no change is warranted.
your application has been denied.
the Board concluded your discharge
Accordingly,
The Board also considered your
However, no
NJPs.
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
2
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,
record,
existence of probable material error or injustice.
the burden is on the applicant to demonstrate the
when applying for a correction of an official naval
Sincerely,
W. DEAN PFEIFFER
Executive Director
3
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