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Decision Text

NAVY | BCNR | CY2003 | 02675-03
Original file (02675-03.pdf) Auto-classification: Denied
DEPARTMENT  OF THE  NAVY 

BOARD  FOR  C O R R E C T I O N   O F N A V A L   RECORDS 

2  NAVY  ANNEX 

W A S H I N G T O N   D C   2 0 3 7 0 - 5 1 0 0  

CRS 
Docket No:  2675-03 
24 July 2003 

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 23 July 2003.  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 17 April 
1981.  The record reflects that you received four nonjudicial 
punishments.  The offenses included absence from your appointed 
place of duty, failure to report another Marine's  use of 
marijuana, use of provoking words, and disrespect. 

On 18 July 1983 the commanding officer recommended that you be 
separated with an other than honorable discharge by reason of 
misconduct due to a pattern of misconduct.  When informed of the 
recommendation, you elected to waive the right to present your 
case to an administrative discharge board.  After review by the 
discharge authority, the recommendation for separation was 
approved and on 8 August 1983 you received an other than 
honorable discharge by reason of misconduct. 

In its review of your application the Board carefully weighed all 
potentially mitigating factors, such as your youth and 
immaturity.  However, the Board concluded that these factors were 

not sufficient to warrant recharacterization of your discharge, 
given your four disciplinary actions and your involvement with 
drugs.  Therefore, the Board concluded that no change to the 
discharge 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, 



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