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NAVY | BCNR | CY2007 | 09453-07
Original file (09453-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
 Docket No: 9453-07
19 June 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 18 June 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.
On 7 March 1983, you enlisted in the Marine Corps at age 19. On 12 January 1984, you were convicted by a summary court-martial for willful disobedience of lawful order, breach of the peace, and two instances of assault. On 24 February 1984, suspended punishment was vacated due to unspecified misconduct. Based on the information currently contained in the record, you were also warned that further infractions could result in administrative separation. On 9 May 1984, you were convicted by a special court-martial for willful disobedience of a lawful order, destruction of government property, and communicating a threat.
On 22 June 1984, your commanding officer initiated administrative separation by reason of misconduct due to a pattern of misconduct, and recommended an other than honorable (0TH) discharge. In connection with this processing, you acknowledged the separation action and waived the right to have your case heard by an administrative discharge board (ADB). On 20 July
1984, the separation authority approved the discharge recommendation and directed an 0TH discharge by reason of misconduct due to a pattern of misconduct. On 2 August 1984, you were so discharged.
The Board, in its review of your entire record and application, carefully weighed all potential mitigation, such as your youth and desire for a better discharge. The Board also considered the letter from your wife. Nevertheless, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge due to the seriousness of your misconduct. Finally, the Board noted that you waived the right to have your case heard by an ADB, your best opportunity for retention or a more favorable characterization of service. Therefore, the Board concluded that the discharge was proper as issued and no change 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,



W.       DEAN PFEIFFER
 Executive Director

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