DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
TRG
WASHINGTON DC 20370-5100 Docket No: 2307-08
14 November 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 4 November 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 22 July 1977 at age 17.
During the period from 9 March 1978 to 28 August 1980 you
received nonjudicial punishment on three occasions and were
counseled on two occasions. Your offenses were failure to go to
your appointed place of duty, possession of marijuana and an
unauthorized absence of about 23 days.
Based on the foregoing record, you were processed for an
administrative discharge by reason of misconduct. After review,
the separation authority directed a general discharge and you
were so discharged on 16 December 1980.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and contention
that you have been a good citizen since discharge. The Board
found that these factors and contention were not sufficient to
warrant recharacterization of your discharge given your
record of misconduct. The Board believed that you were fortunate
to have been issued a general discharge since a discharge under
other than honorable conditions was authorized. The Board
concluded that the discharge was proper as issued and no change
is warranted.
Accordingly, your application has been
votes of the members of the panel will
It is regretted that the circumstances
favorable action cannot be taken. You
denied. The
be furnished
of your case
are entitled
names and
upon request.
are such that
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,
y
W.
Executive Di
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