DEPARTMENTOFTHE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 2791-06
16 October 2006

This is in reference to your - application for correction of your naval record pursuant to he 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 XXXXX - . 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 Bo rd found the evidence submitted was insufficient to establish the existence of probable material error or injustice

You enlisted in the Marine Corps on XXXXX at age 18. You served without disciplinary incident until 16 January 1987, when you received nonjudicial punishment (NJP) for two specifications of disobedience and two period of failure to go to your appointed place of duty. The punishment imposed was extra duty and restriction for 45 days, a $319 forfeiture of pay, and reduction to paygrade E-1. On 8 April 1987 you were convicted by special court-martial (SPCM) of a seven day period of unauthorized absence (UA) and disobedience, and sentenced to confinement at hard labor for 75 days. On 11 September 1987 you received NJP for two specifications of uttering worthless checks in the amount of $110. The punishment imposed was extra duty for seven days and a $153 forfeiture of pay, which was suspended for three months.

On 18 November 1987 you were notified of pending administrative separation action by reason of misconduct due to a pattern of misconduct. At that time you waived your right to consult with legal counsel and to present your case to an administrative discharge board (ADB). Your commanding officer recommended an other than honorable discharge reason of misconduct due to a pattern of misconduct. On 30 November 1987 the discharge authority approved this recommendation, and on 3 December 1987 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, post service conduct, and assertion that you were not given an opportunity to prove yourself and resume your naval career. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of the seriousness of your repetitive misconduct which resulted in two NJPs and a court-martial conviction. Further, you waived your right to an ADB, your best change for retention or a better characterization of service. 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