DEPARTMENTOFTHE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVYANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 6161-02
19 December 2002
application for correction of your
provisions of Title 10, United
This is in reference to your
naval record pursuant to the
States Code, Section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 11 December 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 enlisted in the Marine Corps on 27
August 1979.
nonjudicial punishments.
duty, absence from your appointed place of duty on two
possession of marijuana and drug paraphernalia, willful
disobedience of a lawful order,
Thereafter, you were separated under honorable
license.
conditions and transferred to the Marine Corps Reserve.
Character of service is based, in part,
proficiency averages,
assigned during periodic evaluations.
proficiency averages were 3.7 and 4.1, respectively. A minimum
average conduct mark of 4.0 was required for a fully honorable
characterization of service at the time of separation.
In its review of your application the Board carefully weighed all
potentially mitigating factors,
such as your youth and immaturity
and the contention that you were told that the discharge would be
on one's conduct and
Your conduct and
both of which are computed from marks
The record reflects that you received five
The offenses included dereliction of
occasions,
and driving on a suspended
However, the Board concluded that
The names and votes of the members of the panel will be
upgraded after six months.
these factors were not sufficient to warrant recharacterization
of your discharge given the five disciplinary actions as well as
the fact that your conduct average was insufficiently high to
warrant fully honorable discharge.
In this regard, no law or
regulations provides for upgrading a discharge based solely on
the passage of time.
Accordingly, your application has been
denied.
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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