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NAVY | BCNR | CY2005 | 01026-05
Original file (01026-05.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                 2 NAVY ANNEX   
                           WASHINGTON DC 20370-5100

                  SJN
                   Docket No: 01026-05
                                                      26 August 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 24 August 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 8 June 1979 at age 18. During the period from 6 February 1980 to 27 May 1983 you received eight nonjudicial punishments (NJP’s) for four periods of unauthorized absence totaling about 22 days, six instances of disobedience, and dereliction of duty.
Administrative discharge action was then initiated by reason of misconduct due to minor disciplinary infractions. You waived your rights to consult counsel, submit a statement or have your case heard by an administrative discharge board (ADB). On 13 June 1983 the commanding officer forwarded his recommendation that you be discharged under other than honorable conditions by reason of misconduct. On 10 August 1983 the discharge authority directed an other than honorable discharge by reason of misconduct due to minor disciplinary infractions. On 31 October 1983 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 immaturity. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of the eight NJP’s and the fact that you were counseled and warned concerning the consequences of further misconduct. Further, you waived the right to an ADB, your best chance 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 Dir ector

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