DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
X
2 NAVY ANNE
S
WASHINGTON DC 20370-510
0
TJR
Docket No: 2797-02
6 November 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 5 November 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
Board.
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 2 February and again on 22 November 1978, you received
You enlisted in the Marine Corps on 10 August 1977 at the age of
18.
nonjudicial punishment (NJP) for absence from your appointed
place of duty, disrespect and an 11 day period of unauthorized
absence (UA).
During the period from 5 to 8 January 1979 you
However, the record does not
were in a UA status for four days.
reflect that any disciplinary action was taken for this period of
UA.
During the period from 6 February to 22 July 1980 you received
NJP on three other occasions for insubordination, two
specifications of disrespect,
disrespect, communicating a threat, and a seven day period of UA.
failure to obey a lawful order,
On 28 August 1980, at the expiration of your enlistment, you were
issued a general discharge.
Character of service is based, in part, on conduct and overall
trait averages which are computed from marks assigned during
periodic evaluations.
Your conduct average was 3.6.
An average
of 4.0 in conduct was required at the time of your discharge for
a fully honorable characterization of service.
and your contentions that there is no
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity,
documentation in your record which supports a general discharge
and that you completed your term of service and received a Good
Conduct Medal.
It also considered your request to change the
date of birth on your Certificate of Discharge or Release from
Active Duty (DD Form 214).
Nevertheless, the Board concluded
these factors and contentions were not sufficient to warrant
recharacterization of your discharge because of your repetitive
misconduct and since your conduct average was insufficiently high
to warrant an honorable discharge.
DD Form 213 does not show that you received a Good Conduct Medal,
but only sets forth the starting date for the next period of the
award.
Accordingly, your application has been denied.
Further, the notation on your
The Board also noted that you should contact Headquarters, United
States Marine Corps, Deputy Chief of Staff for Manpower and
Reserve Affairs
3280 Russell Road, Quantico,
administrative correction of your date of birth on your DD Form
214.
Separation Section
VA 22134-5103 to request an
(M&RA) Department,
(MMSR-3),
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
2
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