DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 3762-02
6 December 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 3 December 2002.
injustice were reviewed in accordance with administrative
of this
regulations and procedures applicable to the proceedings
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.
You enlisted in the Marine Corps on 30 October 1979 at the age of
20.
During the period from 28 March to 23 December 1980 you
received nonjudicial punishment (NJP) on four occasions for a
five day period of unauthorized absence (UA), disobedience,
disrespect, failure to go to your appointed place of duty, and
two specifications of failure to obey a lawful order.
On 2 March 1981 you received NJP for an eight day period of UA.
The punishment imposed was a $500 forfeiture of pay and
Shortly thereafter, on 13 March 1981,
restriction for 60 days.
you were notified of pending administrative separation action by
reason of misconduct due to frequent involvement of a
discreditable nature with military or civilian authorities.
After consulting with legal counsel you elected to present your
case to an administrative discharge board (ADB).
you received your sixth NJP for failure to obey a lawful order,
absence from your appointed place of duty, and disobedience.
punishment imposed was a suspended forfeiture of pay and extra
duty for 45 days.
On 9 April 1981
The
On 15 May 1981 an ADB recommended you be issued an other than
honorable discharge by reason of misconduct due to frequent
involvement of a discreditable nature with military or civilian
authorities.
Subsequently, your commanding officer recommended
you be issued an other than honorable discharge by reason of
misconduct.
other than honorable discharge by reason of misconduct, and on 22
June 1981 you were so separated.
On 28 May 1981 the discharge authority directed an
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
having family problems and that you could not deal very well with
Nevertheless, the Board concluded
such pressures and problems.
these factors and contentions were not sufficient to warrant
recharacterization of your discharge because of your repetitive
misconduct, specifically, six
NJPs during an enlistment of less
than two years.
Accordingly, your application has been denied.
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
You are entitled to have the
favorable action cannot be taken.
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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