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NAVY | BCNR | CY2002 | 02901-01
Original file (02901-01.pdf) Auto-classification: Denied
DEPARTMENTOFTHE NAV
BOARD FOR CORRECTION OF NAVAL RECORD

Y

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

TJR
Docket No: 2901-01
11 February 2002

Dear 

m

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 February 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.

The Board found you enlisted in the Marine Corps on 28 June 1976
Your record reflects that you served for two
at the age of 17.
years and nine months without disciplinary incident but on 26
March 1979 you received nonjudicial punishment (NJP) for underage
drinking while on duty.
forfeiture of pay and restriction and extra duty for 14 days.
Shortly thereafter, on 9 April 1979, you received NJP for a six
day period of unauthorized absence (UA) and wrongful possession
of government documents.
forfeiture of pay, reduction to 
custody for 30 days.
you were convicted by civil authorities of felony grand theft
You were sentenced to a $2,337 fine and probation for
auto.
On 14 January 1980, following a 101 day period of
three years.
UA, you were released from civil custody and returned to military
authorities.

paygrade  E-2, and correctional
On 5 October 1979, while in a UA status,

The punishment imposed was a $115

The punishment imposed was a $400

Your record further reflects that on 16 April 1980 you were
convicted by special court-martial (SPCM) of three periods of UA
totalling 43 days and were sentenced to confinement at hard labor
and restriction for 30 days.
On 14 August 1980 you received NJP
for three periods of UA totalling 17 days, destruction of
government property, and disobedience.
was a $116 forfeiture of pay and restriction for 10 days.
September 1980 you received NJP for a day of UA and were awarded
restriction for 10 days and a $52 forfeiture of pay, which was
suspended for four month.
October 1980 for two periods of UA totalling two days and were
awarded a $116 forfeiture of pay and restriction for 10 days. On
21 October 1980 the suspended forfeitures awarded at the 19
September 1980 NJP were vacated due to your continued misconduct.

You received your fifth NJP on 3

The punishment imposed

On 19

After consulting with legal counsel, you elected to

On 7 November 1980 you were notified of pending administrative
separation action by reason of misconduct due to frequent
involvement of a discreditable nature with military and civil
authorities.
present your case to an administrative discharge board (ADB). On
5 December 1980 an ADB recommended you be separated under other
than honorable conditions by reason of misconduct due to frequent
involvement of a discreditable nature with military and civilian
authorities.
Subsequently, your commanding officer recommended
you be discharged under other than honorable conditions by reason
of misconduct.
recommendation and directed an other than honorable discharge by
reason of misconduct.
discharged.

The discharge authority approved the foregoing

On 15 December 1980 you were so

The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity.
factors were not sufficient to warrant recharacterization of your
discharge because of your repetitive misconduct in both the
military and civilian communities.
Given all the circumstances
of your case, the Board concluded your discharge, was proper as
issued and no change is warranted.
has been denied.

However, the Board concluded these

Accordingly, your application

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.

2

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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