DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 7680-02
20 November 2002
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 19 November 2002.
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.
Your allegations of error and
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.
On 22 November 1984 and again
You reenlisted in the Marine Corps on 1 November 1983 after two
years of prior honorable service.
on 11 February 1985 you were counselled regarding your lack of
responsibility, failure to demonstrate leadership skills,
continued lack of drive, and inattentive supervision of
subordinates.
On 21 March 1985 you received nonjudicial
punishment
forfeiture of pay, reduction to
extra duty or 30 days.
suspended for six months.
On 26 June 1985 you received NJP for
absence from your appointed place of duty and were awarded a $192
forfeiture of pay and restriction for 14 days.
suspend restriction and extra duty awarded at the 21 March 1985
NJP were vacated at this time.
(NJP) for sleeping on post and were awarded a $400
paygrade E-3, and restriction and
The restriction and extra duty were
Additionally, the
On 26 March 1986 you received NJP for uttering a $240 check
without sufficient funds.
and restriction for 14 days and a suspended forfeiture of pay.
On 8 April 1986 you were counselled regarding your lack of
integrity.
The punishment imposed was extra duty
On 28 April 1987 you were convicted by summary court-martial
(SCM) of seven specifications of wrongfully and unlawfully
uttering worthless checks.
30 days, a $426 forfeiture of pay, and reduction to
You were sentenced to confinement for
paygrade E-l.
At that time you waived your right to
Subsequently, on 10 June 1987, you were notified of pending
administrative separation action by reason of misconduct due to a
pattern of misconduct.
consult with legal counsel and to present your case to an
administrative discharge board.
officer recommended an other than honorable discharge by reason
of misconduct.
discharge authority directed an other than honorable discharge by
reason of misconduct.
On 30 June 1987 you received an other than
honorable discharge.
This recommendation was approved and the
On 16 June 1967 your commanding
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your prior honorable service and your contention that you
received an other than honorable discharge as a result of
personality conflicts between you and your superiors.
considered your request that your reenlistment code should be
changed so that you may reenlist and continue to work in your
military occupational specialty.
concluded these factors, contention, and request were not
sufficient to warrant recharacterization of your discharge or a
change in your reenlistment code because of your repetitive
misconduct which resulted in four disciplinary actions.
an individual discharged by reason of misconduct must receive an
RE-4 reenlistment code.
Accordingly, your application has been
denied.
Nevertheless, the Board
It also
Further,
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.
2
Consequently, when applying for a correction of an official
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
naval
Sincerely,
W. DEAN PFEIFFER
Executive Director
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