DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
Docket No: 2807-05
21 October 2005
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 19 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 28 June 1999 at age 19. You served
without incident for more than 22 months. However, during the period from
25 May 2001 to 23 April 2002 you received three nonjudicial punishments
(NJP’s) for driving under the influence of alcohol, three instances of
failure to obey a lawful order, and drunk and disorderly conduct. On 24
April 2002 you were counseled regarding your misconduct and warned that
further misconduct could result in administrative separation or
disciplinary action. You then served without incident for about 14 months
and also participated in Operations Enduring Freedom and Iraqi Freedom.
On 24 June 2003, three days prior to your release from active duty, you
were counseled for grabbing a military policeman’s pistol during a
routine identification card check.
On 27 June 2003 you were released from active duty under honorable
conditions due to the expiration of your enlistment.
Characterization of service is determined, in part, by proficiency and
conduct mark averages computed from marks
assigned on a periodic basis. Your final proficiency and conduct mark
averages were 4.4/3.9. Averages of 3.0 in proficiency and 4.0 in conduct
was required for a fully honorable characterization of service.
The Board, in its review of your entire record and application, carefully
weighed all potentially mitigating factors, such as your youth, and your
participation in Enduring Freedom and Iraqi Freedom. However, the Board
found that these factors were not sufficient to warrant recharacterization
of your discharge given your repetitive misconduct and your failure to
maintain a 4.0 average in conduct. Therefore, the Board concluded that the
discharge was proper as issued and no change is warranted.
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.
The Board noted that you may be eligible for veteran’s benefits. You should
contact the nearest office of the Department of Veteran’s Affairs if you
desire clarification about your
eligibility of those benefits.
Sincerely,
w. DEAN PFEIFFER
Executive Director
2
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