DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SJN
Docket No: 03956~-07
4 February 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 24 January 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.
You enlisted in the Marine Corps on 23 October 1981 at age 18.
On 8 December 1982, your received nonjudicial punishment (NJP) for
sleeping on post. On 18 April 1983, you were convicted by summary
court-martial (SCM) of disobedience and failure to report a
barracks violation. On 29 June 1983, you received a second NUP
for a five-day period of unauthorized absence (UA).
On 27 July 1983, administrative discharge action was then
initiated by reason of misconduct due to a pattern of misconduct.
You waived your rights to consult counsel, submit a statement or
have your case heard by an administrative discharge board (ADB).
On 1 August 1983, your commanding officer forwarded his
recommendation that you be discharged under other than honorable
conditions by reason of misconduct. On 11 August 1983 the
discharge authority directed an other than honorable discharge by
reason of misconduct. On 15 August 1983 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, overall record of service, and statement from the
American Legion. Nevertheless, the Board concluded these factors
were not sufficient to warrant recharacterization of your
discharge because of your two NJP’s, conviction by SCM, and the
fact that you were counseled and warned on more than one occasion
concerning the consequences of further misconduct. Further, you
waived the right to an ADB, your best chance 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,
\ LenS
W. DEAN PFELTRRE
Executive Diredat
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