DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 768-06
27 September 2006
pplication for correction of your
naval record pursuant to the 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 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 11 November 1980 at age 19.
About two months later, on 12 January 1981, you received
nonjudicial punishment (NJP) for absence from your appointed
place of duty and were awarded a $50 forfeiture of pay and extra
duty for seven days. ,
During the period from 28 January to 2 April 1982 your received
NJP on three more occasions for two specifications of
disobedience, failure to go to your appointed place of duty,
absence from your appointed place of duty, and breaking
restriction.
On 4 May 1982 you were notified of pending administrative
separation action by reason of misconduct due to frequent
involvement of a discreditable nature with military or civilian
authorities. At that time you waived your right to consult with
legal counsel and to present your case to an administrative
discharge board. On 7 May 1982 your commanding officer
recommended a discharge under honorable conditions by reason of
misconduct due to frequent involvement of a discreditable nature
with military or civilian authorities. On 25 May 1982 the
discharge authority approved this recommendation and directed a
general discharge by reason of misconduct, and on 10 June 1982
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 your ability
to serve was impaired and you could not adapt to a racially
prejudiced environment or being away from home for the first
time. Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge or a
change of your narrative reason for separation or reenlistment
code because of your repetitive misconduct which resulted in four
NUPs. Further, Marines discharged by reason of misconduct
normally receive discharges under other than honorable
conditions, and as such, the Board noted that you were fortunate
to receive a general discharge. Additionally, an RE-4
reenlistment code is required when a Marine is discharged by
reason of misconduct. Finally, there is no evidence in the
record, and you have submitted none, to support your assertion of
a racially prejudice environment. 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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