DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 8151-07
9 October 2008
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 8 October 2008. 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 23 March 1978 at age 17 and
served without disciplinary incident until 18 December 1978, when
you received nonjudicial punishment (NJP) for absence from your
appointed place of duty. The punishment imposed was restriction
and extra duty for 14 days and a $100 forfeiture of pay. During
the period from 16 April to 16 November 1979 you received NJP on
five more occasions for failure to obey a lawful order, assault,
disobedience, absence from your appointed place of duty,
disorderly conduct, and sleeping on post.
On 13 February 1980 you were notified of pending administrative
separation by reason of misconduct due to frequent involvement of
a discreditable nature with military authorities. After
consulting with legal counsel you waived your right to present
your case to an administrative discharge board (ADB). On 25
February 1980 your commanding officer recommended an other than
honorable discharge by reason of misconduct due to frequent
involvement of a discreditable nature with military authorities.
On 6 March 1980 the discharge authority approved this
recommendation and directed discharge under other than honorable
conditions, and on 27 March 1980 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 the passage of time. It also considered your
assertions of a physical altercations with and intimidation by
your superiors. Nevertheless, the Board concluded these factors
were not sufficient to warrant recharacterization of your
discharge because of your repetitive misconduct which resulted in
six NJPs. Further, you were given an opportunity to defend
yourself, but waived your procedural rights to present your case
to an ADB. Finally, there is no evidence in the record, and you
provided none, to support your assertions. 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 PFEITFRER
Executive Direct
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