DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 01876-08
28 October 2008
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 October 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 30 May 1980, and served
without disciplinary incident until 10 January 1981, when you
received a nonjudicial punishment (NUP) for disobeying a lawful
order. Shortly thereafter, you received the following NJPs: on
18 March 1982, possession of an illegal drug, on 21 March 1982,
sleeping on post without being properly relieved, on 15 December
1982, three specifications of unauthorized absence, and on 25
April 1983, illegal use of drugs.
You were notified of your processing for administrative
separation due to misconduct with a recommendation for an under
other than honorable (UOTH) conditions discharge. You were
advised of your rights and having consulted with counsel, you
elected to waive your administrative separation board. On 3 May
1983, the separation authority approved this recommendation and
directed a UOTH discharge and an RE-4 reenlistment code, and on 5
May 1983, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and the passage of time. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your misconduct. 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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