DEPARTMENT OF THE NAVY
BOARD F O R C O R R E C T I O N OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 2 0 3 7 0 - 5 1 00
FC
Docket No: 06030-02
1 0 January 2003
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 1 0 of the
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 8 January 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Marine Corps on 9 February
1983 at age 20. During the period of 11 October 1984 through 8 May
1986, you were convicted by two summary courts-martial and received
two non-judicial punishments. The offenses were a period of
unauthorized absence of three days, failure to go to your appointed
place of duty and two specifications of writing bad checks totaling
$1405.00.
Subsequently, administrative separation was initiated by reason of
misconduct due a pattern of misconduct. After you waived your
procedural rights, including the right to present your case to an
administrative discharge board, the Commanding Officer recommended
discharge under other then honorable conditions. After approval by
the discharge authority, on 7 August 1986 you were separated with an
other than honorable discharge because of misconduct.
In its review of your case, The Board carefully weighted all
potentially mitigating factors, such as your youth and
immaturity and the length of time that has passed since you were
discharged from the Marine Corps. However, the Board found that
these factors and contentions were not sufficient to warrant
recharacterization of your discharge because of your conviction
by two summary courts-martial and the two nonjudicial
punishments and the seriousness of the bad check offenses.
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
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