DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
CRS
Docket No: 5001-02
26 September 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 26 September 2002.
Your allegations of error and
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.
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you reenlisted in the Marine Corps on 10
March 1983 after more than two years of prior active service.
You then received seven nonjudicial punishments for unauthorized
absences totalling 29 days,
possession and use of marijuana,
absence from your appointed place of duty, failure to obey a
lawful order, two instances of disrespect, and falsifying an
official document.
On 12 January 1985 the commanding officer recommended that you be
separated with an other than honorable discharge by reason of
When informed
misconduct due to minor disciplinary infractions.
of the recommendation, you elected to waive the right to present
your case to an administrative discharge board.
After review by
the discharge authority,
the recommendation for separation was
approved and you were discharged on 19 February 1985 with an
other than honorable discharge.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your good postservice
Nevertheless, the Board concluded that these factors
Accordingly, your application
The names and votes of the members of the panel
conduct.
were not sufficient to warrant recharacterization of your
discharge, given your seven disciplinary actions and unauthorized
absences totalling about a month.
has been denied.
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
copy to:
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