DEPARTMENTOFTHE NAVY
BOARD FORCORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No:
23 August 2003
10618-02
Your allegations of error and
Documentary material considered by the Board consisted of
together with all material submitted in support
your naval record and applicable statutes, regulations
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 17 June 2003.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
your application,
thereof,
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.
You enlisted in'the Marine Corps on 29 April 1993 at age 18.
During the period 15 February 1994 to 21 October 1996, you
received nonjudicial punishment on three occasions.
Your
offenses were disrespect, damaging government property, use of
provoking speeches or gestures,
a short period of unauthorized
absence and disobedience.
During that period, you were also
counseled on seven occasions concerning failure to go to your
appointed place of duty and for failure to meet physical
readiness standards.
Based on the foregoing record, you were processed for an
administrative discharge.
documentation is not filed in your record, it is assumed that the
processing was conducted in accordance with the regulations. On
31 January 1997 you were discharged under other than honorable
conditions by reason of misconduct due to minor disciplinary
infractions.
In its review of your application the Board carefully weighed all
potentially mitigating factors,
such as your youth and desire for
Although the discharge processing
The
The
a better discharge to improve your employment prospects.
Board found that these factors were not sufficient to warrant
recharacterization of your discharge given your repeated
misconduct, as evidenced by the three nonjudicial punishments and
It is clear that you did not respond to
numerous counseling.
counseling and continued to be late for work and formations.
Board concluded that the discharge was proper as issued and no
change is warranted.
Accordingly, your application has been denied.
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 applicant to demonstrate the
existence of probable material error or injustice.
The names and
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
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