DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 4606-02
29 January 2003
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 23 January 2003.
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 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 23 February 1984 at the age
of 28.
On 29 November 1984 you received nonjudicial punishment
(NJP) for two periods of failure to go to your appointed place of
duty and were awarded a $100 forfeiture of pay and a suspended
reduction to
paygrade E-l.
The punishment imposed was extra duty for 14 days,
On 22 November 1985 you received NJP for two specifications of
disobedience.
a suspended reduction to
paygrade E-2, and a $100 forfeiture of
pay.
substandard conduct, substandard performance of duty, inability
or unwillingness to accept military discipline, disregard for
authority, and inability to maintain minimum physical readiness
and personal appearance standards.
On 10 December 1985 you were counselled regarding your
On 20 June 1986 you received your third NJP for failure to obey a
lawful order and were awarded reduction to
Subsequently, you were processed for separation by reason of
misconduct due to a pattern of misconduct.
paygrade E-2.
The discharge
authority directed an other than honorable discharge by reason of
misconduct, and on 12 October 1986 you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your post service conduct,
contention that you believe your minor disciplinary infractions
did not warrant separation by reason of a pattern of misconduct.
Nevertheless, the Board concluded recharacterization of your
discharge was not warranted because of your frequent misconduct
and overall substandard performance.
application has been denied.
character reference letters, and your
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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