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

SMW
Docket No: 6995-07
3 April 2008

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 2 April 2008. 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.

On 17 October 1980, you enlisted in the Marine Corps at age 18 and served without incident for more than 27 months. On 31 January and 22 March 1983, you had nonjudicial punishment (NJP) for three instances of unauthorized absence totaling about 13 days and failure to obey a lawful order. On 22 April 1983, you were counseled regarding your misconduct and warned that further infractions could result in disciplinary action or an other than honorable (0TH) discharge.
On 3 May 1983, you had NJP for four instances of absence from your appointed place of duty, sleeping on watch, and failure to obey a lawful order.

On 3 May 1983, your commanding officer initiated administrative separation by reason of misconduct due to a pattern of misconduct. In connection with this processing, you acknowledged that separation could result in an 0TH discharge and elected to have your case heard by an administrative discharge board (ADE), but later waived that right. On 3 June 1983, the separation authority approved the separation recommendation and directed an 0TH discharge by reason of misconduct due to a pattern of misconduct. On 7 June 1983, you were so discharged.

The Board, in its review of your entire record and application, carefully weighed all potential mitigation, such as your youth and desire for a better discharge. Nevertheless, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge due to your misconduct that continued after you were warned that further infractions could result in an 0TH discharge. Finally, the Board noted that although you first elected to have your case heard by an ADB, you later waived that right, which was your best opportunity for retention or a more favorable characterization of service. Therefore, the Board concluded that the discharge was proper as issued and no change is warranted. 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