DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

FC
Docket No: 02244-03
25 August 2003

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 20 August 2003. 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 21 June 1989 at age 18. On 5 July 1990 you were convicted by a summary court martial (SCM) of three periods of unauthorized absence totaling 27 days, missing movement, making a false official statement, and driving under the influence of alcohol. You were sentenced to a reduction to paygrade E-1, forfeitures of pay, confinement and restriction. On 21 June 1991, you were counseled about your disenrollment from the quality enlistment program. During the period of 14 January to 14 August 1991, you received two nonjudicial punishments for forgery of a senior noncommissioned officer’s signature on a check and operating a vehicle while under the influence of alcohol. On 8 November 1991, you were convicted by a second SCM of a five-day period of unauthorized absence and breaking restriction, and were sentenced to a forfeiture of pay and 30 days of confinement.
On 10 December 1991, you were notified of administrative separation processing and you waived all of your procedural rights, except the right to obtain copies of documents forwarded to the separation authority supporting the basis of the proposed separation. On 16 December 1991, the commanding officer recommended an other than honorable discharge by reason of misconduct due to a pattern of misconduct. On 27 December 1991, the staff judge advocate concurred with the recommendation of the commanding officer. On 31 December 1991, the separation authority directed discharge, and on 30 January 1992 you were discharged under other than honorable conditions.

In its review of your case, the Board carefully weighed all potentially mitigating factors such as your youth and immaturity, the length of time that has passed since you were discharged from the Marine Corps, and your service during Operation Desert Shield/Storm. However, the Board found that these factors were not sufficient to warrant recharacterization of your discharge given your frequent misconduct that resulted in two NJPs and two SCMs. 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 PFEIF R
Executive Director