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NAVY | BCNR | CY2002 | 07210-02
Original file (07210-02.pdf) Auto-classification: Denied
D E P A R T M E N T O F T H E   NAVY 

BOARD  F O R   C O R R E C T I O N   O F N A V A L   R E C O R D S  

2   NAVY  ANNEX 

W A S H I N G T O N   D C   2 0 3 7 0 - 5 1 0 0  

FC 
Docket No: 07210-02 
28 April 2003 

This is in reference to your application for correction of your 
naval record pursuant to the provisions of Title 10 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 23 April 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. 

The Board found that you enlisted in the Marine Corps on 6 
January 1981 at age 18.  On 10 September 1982 you received 
nonjudicial punishment  (NJP) for wearing utilities off base 
during unauthorized hours, and were awarded a forfeiture of pay. 
On 29 September 1982 you received a second NJP for failure to go 
to your appoint'ed place of duty, and were awarded a forfeiture of 
pay and suspended restriction.  On 8 October 1982 you received a 
third NJP for a brief period of unauthorized absence, and were 
awarded a suspended forfeiture of pay, restriction, and extra 
duty.  On 12 January 1983 you were awarded a fourth NJP for 
failure to go to your appointed place of duty at the prescribed 
time and a brief period of unauthorized absence, and were awarded 
a forfeiture of pay and extra duty.  On 26 January 1983 you 
received a fifth NJP for failure to go to your appointed place of 
duty at the prescribed time, and were awarded a reduction to 
paygrade E-2, a forfeiture of pay, and 30 days of correctional 
custody.  On 6 July 1983 you received a sixth NJP for leaving 
your post without being relieved, and were awarded a forfeiture 
of pay and restriction. 

On 2 August 1983, you were advised of administrative separation 
processing and waived all your procedural rights except the right 
to obtain copies of documents forwarded to the separation 
authority supporting the basis for separation.  On that same day, 
the commanding officer recommended an other than honorable 
discharge by reason of misconduct due to a pattern of misconduct. 
On 11 August  1983, the assistant staff judge advocate concurred 
with the commanding officer's recommendation.  On 15 August 1983, 
the separation authority directed separation and on 19 August 
1983 you were discharged under other than honorable conditions. 

In its review of your case, the Board carefully weighed 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 were not sufficient to warrant 
recharcterization of your discharge given your frequent and 
misconduct  that resulted in six NJPs.  Accordingly, your request 
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. 

W. DEAN PFEIFFER 
Executive Director 



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