DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 5432-09
14 April 2010
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 13 April 2010. 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 entered active
duty in the Marine Corps on 12 July 1982. You were counseled
three occasions for fraternization, substandard performance,
failure to obey regulations, unauthorized absences, and
disrespect toward your superiors. You were warned that further
misconduct could result in administrative separation. You
received nonjudicial punishment (NJP) on three occasions. Your
offenses included failure to obey a regulation, disrespect to
a superior commissioned officer, absence from your appointed
place of duty, and wrongful use of a controlled substance. You
were notified of pending administrative discharge processing
for an other than honorable (OTH) discharge due to a pattern of
misconduct. You waived all of your procedural rights,
including your right to an administrative discharge board
(ADB). On 28 February 1986, you received the OTH discharge for
misconduct, and were assigned an RE-4 reenlistment code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth and
current medical problems. However, the Board concluded that
your OTH discharge should not be changed because of your
repeated misconduct, which continued even after you were
counseled and warned that further misconduct could result in
administrative separation. The Board noted that you waived
your right to an ADB, your best opportunity for retention or a
better characterization of service. In view of the above, 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 PFE
Executive Di or
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