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NAVY | BCNR | CY2002 | 09354-02
Original file (09354-02.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100



 FC
Docket No: 09354-02
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 1 November 1985 at age 18. You then served without incident until 13 August 1986, when you received nonjudicial punishment (NJP) for drunk and disorderly conduct and were awarded a forfeiture of pay, restriction, and extra duty. On 10 September 1986 you received a second NJP for sleeping on post and were awarded a forfeiture of pay. On 24 July 1987, you were awarded a third NJP for two instances of disrespect and writing a false social security number on a urinalysis bottle. You were awarded a reduction to paygrade E-2, forfeitures of pay, restriction and extra duty. On 9 October 1987, you received a fourth NJP for absence from your appointed place of duty and were awarded forfeitures of pay. On 16 October 1987, you were counseled concerning your frequent involvement with military authorities. On 26 October 1987, you returned from UA. On 27 October 1987 you received a fifth NJP for three instances of disrespect and a six-day period of unauthorized absence. Punishment extended to a forfeiture of pay, reduction to paygrade E-1, and restriction.
On 20 November 1987, the commanding officer advised you of pending administrative separation action by reason of misconduct due to a pattern of misconduct. You then waived all your rights except the right to obtain copies of documents forwarded to the discharge authority supporting the basis for the proposed separation. On that same day, the commanding officer recommended an other than honorable discharge. On 23 November 1987, the staff judge advocate concurred with the commanding officer’s recommendation. On 24 November 1987 the discharge authority directed an other than honorable discharge, and on 4 December 1987 you were so discharged.


In its review of your case, the Board carefully weighed all potentially mitigating factors such as youth and immaturity, character references, 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 misconduct that resulted in five NJPs. The Board also noted your post service conduct has been marred by convictions of arson and theft. 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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