DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR
Docket No: 775-02
11 July 2002
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 9 July 2002.
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.
Approximately nine months later,
The punishment imposed was extra duty
paygrade E-l, and a $300 forfeiture of
You enlisted in the Marine Corps on 15 January 1975 at the age of
on 11 September 1975, you
18.
received nonjudicial punishment (NJP) for possession of marijuana
and were awarded a $200 forfeiture of pay and correctional
On 4 March 1976 you received NJP for
custody for 30 days.
assault and disobedience.
for 45 days, reduction to
pay.
On 30 March 1976 you were notified that administrative separation
had been initiated and that you were recommended for a general
discharge.
object to the separation and waived your right to submit a
statement in rebuttal to the discharge.
commanding officer recommended you for an expeditious discharge
and stated that you lacked promotion potential and your behavior
On 2
pattern would likely lead to an undesirable discharge.
April 1976 the discharge authority approved this recommendation
and directed a general discharge,
so discharged.
After consulting with legal counsel, you did not
Subsequently, your
and on 14 April 1976, you were
Character of service is based, in part, on conduct and overall
trait averages which are computed from marks assigned during
periodic evaluations.
of 4.0 in conduct was required at the time of your separation for
a fully honorable characterization of service.
Your conduct average was 3.6.
An average
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity, post service conduct, and your
contention that you unjustly received a general discharge.
Nevertheless, the Board concluded these factors and contention
were not sufficient to warrant a change in the characterization
of your service because of your repetitive misconduct, and since
your conduct average was insufficiently high to warrant a fully
honorable characterization of service.
application has been denied.
Accordingly, your
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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