DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370.5100
TJR
Docket No: 5573-01
10 August 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 7 August 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.
Your record reflects that on 24 April and
The Board found you enlisted in the Marine Corps on 1 July 1975
at the age of 21.
again on 27 May 1976 you received nonjudicial punishment (NJP)
for disobedience and possession of marijuana seeds.
October 1976 you were convicted by summary court-martial (SCM) of
consuming alcoholic beverages while on duty and possession and
use of marijuana.
labor for a month, reduction to
of pay.
On 23
You were sentenced to confinement at hard
paygrade E-l, a $200 forfeiture
.
Your record further reflects that on 18 February 1977 you were
convicted by SCM of an 18 day period of unauthorized absence (UA)
and were sentenced to confinement at hard labor for 22 days and a
$100 forfeiture of pay.
when You were notified of this action and advised that
Subsequently, you were processed for an administrative separation
in accordance with the Marine Corps Expeditious Discharge
Program.
you could receive a general discharge, you said that
discharge from this Marine Corps like an honorable discharge but
I'll take this
and attitude resulted from
1977 the discharge authority directed a general discharge under
honorable conditions, and on 10 March 1977 you were so
discharged.
You also said that your poor performance
"unnecessary harassment."
one."
"1 desire a
On 7 March
At the time of your separation character of service was based, in
part, on conduct and overall trait averages which were computed
from marks assigned during periodic evaluations.
Your conduct
However, an average of 4.0 in conduct was
average was 3.4.
required at the time of your separation for a fully honorable
characterization of service.
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 contentions that you were
fraudulently enlisted, railroaded out of the Marine Corps, and
tricked into accepting a general discharge.
concluded these factors and contentions were not sufficient to
warrant recharacterization of your discharge because of the
serious nature of your repetitive drug related misconduct, and
since your conduct average was insufficiently high to warrant a
fully honorable characterization of service.
noted that you have submitted no evidence to support your
contentions, and the record contains no such evidence.
the circumstances of your case, ‘the Board concluded your
discharge was proper as issued and no change is warranted.
Accordingly, your application has been denied.
However, the Board
Further, the Board
Given all
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
3
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