DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 5461-02
27 February 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 25 February
2003. 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 the evidence submitted was insufficient to establish the
existence of probable material error or injustice.
You enlisted in the Marine Corps on 29 May 1979 at the age of 18. On 7
November 1979 you received nonjudicial punishment (NJP) for wrongful
appropriation and two specifications of assault. The punishment imposed
was a $300 forfeiture of pay and reduction to paygrade E-1. You then
served without further disciplinary incident until 25 September 1980,
when you received NJP for resisting apprehension and resisting a search.
The punishment imposed was a $400 forfeiture of pay, restriction for
five days, and reduction to paygrade E-1.
On 20 February and again on 15 October 1981 you received NJP for a four
day period of unauthorized absence (UA) and absence from your appointed
place of duty.
During the period from 23 March to 11 May 1982 you received NJP on three
occasions for failure to obey a lawful order, two specifications of
disrespect, two specifications of breaking restriction, failure to go to
your appointed place of duty, and disobedience.
Subsequently, on 19 May 1982, you were notified of pending administrative
separation action by reason of misconduct due to frequent involvement of a
discreditable nature with military authorities. At that time you waived
your right to consult with legal counsel and to present your case to an
administrative discharge board. On 1 June 1982 your commanding officer
recommended an other than honorable discharge by reason of misconduct due a
frequent involvement of a discreditable nature with military authorities.
On 14 June 1982 the discharge authority directed an other than honorable
discharge by reason of misconduct, and on 20 July 1982 you were so
discharged.
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 contention that you were not given the opportunity to
defend yourself. Nevertheless, the Board concluded these factors and
contention were not sufficient to warrant recharacterization of your
discharge because of your repetitive misconduct which resulted in seven
NJPs. Further, the Board noted that the record shows that you were given an
opportunity to defend yourself, but waived your procedural rights.
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 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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