DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-Si 00

TJR
Docket No: 2455-06
27 September 2006

This is in reference to you naval record pursuant to the States Code, Section 1552.

A three-member panel of th4 Board for Correction of Naval Records, sitting in executive session, considered your application on 26 September 2006. 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 30 January 1984 at age 18. You served without disciplinary incident until 13 September 1985, when you received nonjudicial punishment (NJP) for driving under the influence and were awarded a $650 forfeiture of pay and restriction for 30 days. About three months later, on 19 December 1985, you received NJP for disobedience and were awarded a $200 forfeiture of pay, restriction for 30 days, and extra duty for 15 days.

On 3 January 1986 you received NJP for failure to go to your appointed place of duty, insubordination, and disobedience. The punishment imposed was a $71.6 forfeiture of pay, reduction to paygrade E-2, and restriction and extra duty for 45 days. On 12 February 1986 you were convicted by special court-martial (SPcM) of a two day period of unauthorized absence (UA) and three periods of failure to go to your appointed place of duty. You 
application for correction of your  provisions of Title 10, United
were sentenced to a restriction and extra duty for 45 days, reduction to paygrade E-1,and an $800 forfeiture of pay. You received your fourth NJP oti 22 April 1986 for failure to go to your appointed place of duty and disobedience.

On 23 April 1986 you were notified of pending administrative separation action by reason of misconduct due to minor disciplinary infractions. After consulting with legal counsel you waived your right to present your case to an administrative discharge board (ADB). Susequent1y, your commanding officer recommended an other than dishonorable discharge by reason of misconduct due to minor infractions. On 28 April 1986 the discharge authority approved this recommendation and directed an other than honorable discharge by reason of misconduct, and on 14 May 1986 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 assertion t1~at you were off duty and wearing civilian clothes when you were given an order to empty a trash can. Nevertheless, the Bo4rd concluded these factors were not sufficient to warrant recharacterjzatjon of your discharge because of the repeated misconduct which resulted in four NJPs and a court-martial conviction. 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 PFIEFFER
								Executive Director