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NAVY | BCNR | CY2002 | 09204-02
Original file (09204-02.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


 FC
Docket No: 09204-02
31 March 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 26 March 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.
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 7 July 1992 at age 18. On 8 December 1992, you were counseled after you allowed another Marine to use your identification card. You then served without incident until 15 June 1994, when you received nonjudicial punishment (NJP) for failure to go to your appointed place of duty and two instances of failure to obey lawful orders, and were awarded a reduction to paygrade E-1 and a forfeiture of pay. On 3 February 1995 you received a second NJP for volating a Marine Corps order by wearing an earring, and were awarded a forfeiture of pay, restriction, and suspended extra duty. On 6 April 1995 you received a third NJP for writing a bad check and were awarded restriction, extra duty. Additionally, the suspended extra duty from the previous NJP was vacated.
On 28 April 1995, you were again counseled because of your pattern of misconduct. On 19 January 1996, you were counseled because of two alcohol related incidents, including a charge of driving while intoxicated (DUI). On 15 February 1996, you were counseled concerning a second arrest for DUI. On 7 June 1996, you were advised to seek alcohol counseling for a possible dependence on alcohol and counseled as a result of your conviction for the second DUI and driving with a revoked license. In early July 1996, you received a fourth NJP for an unspecified charge and were awarded a reduction to paygrade E-2. On 6 July 1996, you were released from active duty under honorable conditions.
Character of service is determined, in part, by conduct and overall trait averages, computed from marks assigned on a periodic basis. Your conduct average was 3.7. A conduct average of 4.0 was required for a fully honorable characterization of service at the time of your service.
In its review of your case, the Board carefully weighed all potentially mitigating factors such as youth and immaturity, and your desire to use the Montgomery GI Bill to continue your education. However, the Board found that these factors were not sufficient to warrant recharcterization of your service given your frequent misconduct that resulted in four NJPs and at least one civil conviction for DUI. The Board also noted your failure to attain the required average in conduct. Accordingly, your application 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.
Sincerely,


W.       DEAN PFEIFFER
 Executive Director

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