DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 610-05
24 October 2005
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 18
October 2005. 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 the evidence submitted was insufficient to establish
the existence of probable material error or injustice.
You enlisted in the Marine Corps on 3 June 1985 at age 17 and served
without disciplinary incident until 27 August 1987, when you received
nonjudicial punishment (NJP) for absence from your appointed place of
duty and were awarded a $150 forfeiture of pay and restriction for
seven days.
On 12 May 1988 you received NJP for a 15 day period of unauthorized
absence (UA) and were awarded a $185 forfeiture of pay and extra duty
and restriction for 14 days. On 18 October 1988 you were convicted by
summary court-martial (SCM) of drunk and disorderly conduct and
disrespect. You were sentenced to reduction to paygrade E-2, a $500
forfeiture of pay, and confinement for 30 days.
On 22 November 1988 you were notified of pending administrative
separating action by reason of misconduct due to a pattern of
misconduct. At that time you waived your right to consult with legal
counsel and to present your case to an administrative discharge board
(ADB). On 22 November 1988 your commanding officer recommended
separation under other than honorable
conditions by reason of misconduct due to a pattern of misconduct. The
discharge authority approved this recommendation on 6 December 1988, and
directed discharge under other than honorable conditions. On 30 December
1988 you were so discharged.
The Board, in its review of your entire record and application, carefully
weighed all potentially mitigating factors, such as your youth and
assertion of being unjustly mistreated. It also considered your assertions
of personal, marital, and medical problems and alcoholism. Nevertheless,
the Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness of your
repetitive misconduct, which resulted in two NJPs and a court-martial
conviction. Additionally, you waived the right to an ADB, your best
opportunity for retention or a better characterization of service.
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
2
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