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

FC
Docket No: 2198-04
16 August 2004

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 11 August 2004. 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 1 August 1980 at age 20. You served without disciplinary incident until 1 September 1982, when you received nonjudicial punishment (NJP) for destruction of government property, and drunk and disorderly conduct. You were awarded restriction, a forfeiture of pay and a suspended reduction to paygrade E-2. On 14 January 1983 you received a second NJP for using marijuana. You were awarded a reduction to paygrade E-2 and suspended forfeitures of pay. On 13 September 1983 you received a third NJP for using marijuana, and were awarded a forfeiture of pay. On 11 May 1984 you received a fourth NJP for failure to obey an order to wear a helmet and vest while riding a motorcycle. You were awarded a forfeiture of pay and extra duty.

		On 31 July 1984 you were released from active duty under honorable conditions.

Characterization of service is determined, in part, by conduct and overall trait averages computed from marks assigned on a periodic basis. Your conduct average was 3.90. An average of 4.0 was required at the time of your separation for a fully honorable characterization of service.

In its review of your case, the Board carefully weighed all potentially mitigating factors such as your youth and the length of time that has passed since you were discharged from the Marine Corps. However, the Board found that these factors were not sufficient to warrant recharacterization of your discharge given the four NJPs for offenses that included two instances of drug abuse, and especially your failure to attain the conduct average required for a fully honorable characterization of service. The Board further concluded that with such a disciplinary record, you were fortunate to receive a general discharge. 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 Director

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