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NAVY | BCNR | CY2007 | 08834-07
Original file (08834-07.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX

WASHINGTON DC 20370-5100 SIN

Docket No: 08834-07
22 September 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 16 September 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 16 April 1982 at age 20.
During the period from 1 June 1983 to 11 September 1984 you
received three nonjudicial punishments (NUJP’s) for disobedience,
sleeping on post, two instances of disrespect, and wrongful use
of marijuana. Additionally, you were counseled and warned that
further misconduct could result in administrative discharge
action.

On 3 October 1984, you were notified of pending administrative
separation action by reason of misconduct due to a pattern of
misconduct. You waived your right to consult with counsel,
submit a statement or have your case heard by an administrative
discharge board (ADB).

On 10 October 1984, your commanding officer forwarded his
recommendation that you be discharged under other than honorable

conditions by reason of misconduct. On 21 November 1984, the
discharge authority directed an other than honorable discharge by
reason of misconduct due to a pattern of misconduct. On

6 December 1984 you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, overall
record of service, and character letters accompanying your
application. Nevertheless, the Board found that these factors
were not sufficient to warrant recharacterization of your
discharge given your record of three NUP’s, one of which was for
drug use and the fact that you were counseled and warned of 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,

lo
W. DEAN
Executive D r

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