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NAVY | BCNR | CY2007 | 10070-07
Original file (10070-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370.5100
SMW
 Docket No: 10070-07
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 25 March 1979, you enlisted in the Marine Corps at age 18. On 14 August 1981 and 21 July 1982, you had nonjudicial punishment (NJP) for possession of 5.6 grams of marijuana, disobedience of a lawful order, and a five day period of unauthorized absence. On 4 August 1982, you were counseled regarding deficiencies in your performance and conduct and warned that further infractions may result in an other than honorable (0TH) discharge. On 5 August and 17 December 1982, you had NJP for breaking restriction and use and possession of marijuana.
Based on the information currently contained in the record, it appears that your commanding officer initiated administrative separation by reason of misconduct due toa pattern of misconduct. In connection with this processing, you would have acknowledged that separation could result in an 0TH discharge and it appears that you waived the right to have your case heard by an administrative discharge board (ADB). Apparently the separation authority approved the discharge recongnendation and directed an 0TH discharge by reason of misconduct due to a pattern of misconduct. On 18 January 1983, you were so discharged.

The Board, in its review of your entire record and application, carefully weighed all potential mitigation, such as your youth, desire for a better discharge, and contention that your discharge resulted from one isolated incident. Nevertheless, the Board concluded that these factors and contention were not sufficient to warrant recharacterization of your discharge due to the seriousness of your misconduct that continued even after you were warned that further infractions could result in an 0TH discharge. 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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