DEPARTMENT OF THE NAVY
BOAR,, FOR CORRECTION OF NAVAL RECORD
NAVY
ANNEX
2
WASHINGTON DC 20370-510
0
S
TJR
Docket No:
10 May 2002
7783-01
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
Your allegations of error and
application on 7 May 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
your application, together with
thereof, your naval record,
and policies.
all,material submitted in support
and applicable statutes, regulations,
Documentary material considered by the Board consisted of
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.
The Board found you enlisted in the Marine Corps on 31 December
Your record reflects that during the
1964 at the age of 17.
period from 4 June to 23 October 1965 you received nonjudicial
punishment (NJP) on three occasions
appointed place of duty, breach of the peace, making a false
official statement, and a 13 day period of unauthorized absence
(UA)
for absence from your
.
On 9 November 1966 you received NJP for disrespect and were
On 1 March 1967 you received
awarded restriction for 14 days.
NJP for a two day period of UA and were awarded restriction for
15 days and a reduction to
paygrade E-2.
Your record further reflects that on 9 February 1968 you received
your sixth NJP for failure to go to your appointed place of duty
The punishment imposed was
and failure to obey a lawful order.
restriction and extra duty for 20 days.
at the expiration of your enlistment, you
On 10 October 1968,
were released from active duty under honorable conditions, and
transferred to the Naval Reserve.
On 14 January 1971, upon completion of your obligated service,
you were issued a general discharge.
Your conduct average was 2.9.
Character of service is based, in part, on conduct and overall
trait averages which are computed from.marks assigned during
periodic evaluations.
An average
of 3.0 in conduct was required at the time of your separation for
a fully honorable characterization of service.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity and your contention that you were told
that your discharge would be automatically upgraded upon
completion of your inactive reserve duty.
concluded these factors and contention were not sufficient to
warrant a change in the characterization of your service because
of your repetitive misconduct,
insufficiently high to warrant a fully honorable characterization
Further, no discharge is upgraded merely because of
of service.
Given all the circumstances of your case,
the passage of time.
the Board concluded your discharge was proper and no change is
warranted.
Accordingly, your application has been denied.
However, the Board
and since your conduct average was
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
You are entitled to have the
favorable action cannot be taken.
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
existence of probable material error or injustice.
,applicant to demonstrate the
Sincerely,
W. DEAN PFEIFFER
Executive Director
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