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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