DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
RDZ: ecb
Docket No. 06017-08
9 July 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 8 July 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Marine Corps on 25 May 1984 for a term of
three years. Unfortunately you only served for a little less
than one year and three months and were separated with an other
than honorable discharge (OTH) due to frequent disciplinary
actions. Specifically between January and June of 1985 you
received nonjudicial punishment on four occasions for numerous
instances of absence from your appointed place of duty,
disobedience of an order and using disrespectful language to a
superior noncommissioned officer. When you were informed that
you were being recommended for an OTH you waived your right to a
hearing where you would have been represented by a military
lawyer and could have requested retention or a better discharge.
You received your OTH on 20 August 1985.
The Board concluded that in view of your extensive disciplinary
record as well as your apparent willingness to accept an OTH
your discharge was proper as issued and should not be changed
now as a matter of clemency.
Accordingly, your applacation has been denied. The names and
votes of the members of the panel will be furnished upon
#tequest. Boe
Tt 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
Lhe 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,
des GS
W. DEAN PFEIERFE
Executive Di
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