DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 TRG
Docket No: 10927-07
11 August 2008
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 5 August 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Marine Corps on 26 June 1979 at age 18.
During the period from 29 October 1979 to 25 September 1981, you
received nonjudicial punishment on two occasions and were
convicted by a special court-martial. Your offenses were
dereliction in the performance of your duties, failure to go to
your appointed place of duty and theft from another Marine.
Additionally you were counseled on four occasions concerning your
poor performance and conduct.
Based on the foregoing record, you were processed for an
administrative discharge by reason of misconduct. An
administrative discharge board met on 6 November 1981 and found
that you had committed misconduct and recommended discharge under
other than honorable conditions. After review, the separation
authority directed discharge under other than honorable
conditions and you were so discharged on 24 November 1981.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and contention
in effect that your superiors did not give you a chance to finish
your enlistment. The Board found that these factors and
contention were not sufficient to warrant recharacterization of
your discharge given the frequency of your misconduct and failure
to respond to counseling. 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,
Executive Di
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