DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR--.
Docket No: 788-02
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.
Documentary material considered by the Board consisted of
your application, together with all material submitted in support
thereof, your incomplete naval record,
Board (NDRB) decisional document,
regulations, and policies.
Your allegations of error and
and applicable statutes,
a Naval Discharge Review
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.
You enlisted in the Marine Corps on 1 June 1981 at the age of 17.
You served for nearly two years without disciplinary incident
until 11 May 1983, when you received nonjudicial punishment (NJP)
for two specifications of disrespect, disobedience, and
dereliction in the-performance of your duties.
imposed was a $640 forfeiture of pay,
and restriction and extra duty for 45 days.
were warned that further acts of misconduct could make you
eligible for an administrative separation under other than
honorable conditions.
dereliction in the performance of your duties and were awarded a
$300 forfeiture of pay and reduction t
paygrade E-l. Again, you
were warned that further misconduct could result in an other than
honorable discharge.
On 11 October 1983 you received NJP for
At that time you
The punishment
reduction to
paygrade E-2,
On 17 January 1984 you received your third NJP for disrespect and
disobedience.
pay and restriction for 30 days.
The punishment imposed was a $150 forfeiture of
Subsequently, you were processed for an administrative separation
by reason of misconduct due to frequent involvement of a
discreditable nature with military or civil authorities.
Although the discharge processing documentation is not in the
record, it appears that the discharge authority then directed an
other than honorable discharge by reason of misconduct due to
frequent involvement of a discreditable nature with military or
civil authorities.
February 1984 you were so discharged with an RE-4 reenlistment
code.
The record clearly reflects that on 9
The Board, in its review of your case file and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity and your contention that you would like
to serve for your country.
these factors and contention were not sufficient to warrant
recharacterization of your discharge or a change of the RE-4
reenlistment code because of the serious nature of your
repetitive misconduct which resulted in four
Further,
individuals separated by reason of misconduct must receive an
4 reenlistment code.
Accordingly, your application has been
denied.
Nevertheless, the Board concluded
NJPs.
RE-
The names and votes of
upon request.
the.members of the panel will be furnished
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
2
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