DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 00704-08
21 January 2009
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 6 January 2009. 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 and began a period of active
duty on 4 December 1980 at age 18. During the period from 14
April 1982 to 29 March 1983, you received five nonjudicial
punishments (NJP’s) for four periods of unauthorized absence
(UA), being drunk in public, failure to go to your appointed
place of duty, sleeping on post, and disrespect. Additionally,
you were counseled and warned that further misconduct could
result in administrative discharge action.
On 17 May 1983, 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 6 June 1983, your commanding officer forwarded his
recommendation that you be discharged under other than honorable
conditions by reason of misconduct. On 17 June 1983, the
discharge authority directed an other than honorable discharge by
reason of misconduct. On 27 June 1983 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, post service accomplishments, and statement
from the American Legion representative. Nevertheless, the Board
found that these factors were not sufficient to warrant
recharacterization of your discharge given your record of five
NJP’s, and the fact that you were counseled and warned 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,
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