DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 5770-10
18 April 2011
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 13 April 2011. 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Marine Corps on 26 April
1984. You received nonjudicial punishment on four occasions for
offenses that included an unauthorized absence, disrespect,
failure to go to appointed place of duty, and failure to obey a
lawful order.
On 24 July 1987 your commanding officer recommended that you be
separated from the Marine Corps by reason of misconduct /minor
disciplinary infractions, with a discharge under other than
honorable conditions. After review by the discharge authority,
the recommendation for separation was approved and on 18
September 1987 you were separated by reason of misconduct with a
discharge under other than honorable conditions.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth and post
service conduct. The Board concluded that those factors were
insufficient to warrant recharacterization of your service, given
your four nonjudicial punishments. 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
igporesumption of regularity attaches to all official records.
Consequently, wheg, applying for a correction of an official naval
frecord, the burdenf is on the applicant to demonstrate the
existence of probable material error or injustice.
j Sincerely,
W. DEAN PFEIFFER
Executive Director
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