DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 6412-08
21 May 2009
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 12 May 2009. The names and votes of the members
of the panel will be furnished upon request. 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 3 December 1983 at age 20 and
began a period of active duty on 21 February 1984. You served
for a year and eight months without disciplinary incident, but on
15 August 1985 you received nonjudicial punishment (NJP) for
failure to obey a lawful order. About three months later, on 5
November 1985, you received NUP for absence from your appointed
place of duty and disrespect. The punishment imposed was extra
duty and restriction for 30 days, a $347 forfeiture of pay, and
reduction to paygrade E-1.
On 10 March and again on 15 August 1986 you received NUP for
absence from your appointed place of duty and disobedience.
Shortly thereafter, on 19 September 1986, you were notified of
pending administrative separation action by reason of misconduct
due to a pattern of misconduct. At that time you waived your
right to consult with legal counsel and to present your case to
an administrative discharge board (ADB). Subsequently, your
commanding officer recommended an other than honorable discharge
by reason of misconduct due to a pattern of misconduct. On 26
September 1986 the discharge authority approved this
recommendation and directed your commanding officer to issue you
an other than honorable discharge by reason of misconduct, and on
9 October 1986 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, post service conduct, desire to upgrade your
discharge, assertion of alcoholism, 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 repetitive misconduct which
resulted in four NUPs. Further, you were given an opportunity to
defend yourself, but waived your procedural right to present your
case to an ADB. Finally, no discharge is automatically upgraded
due solely to the passage of time or an individual’s good post
service conduct. Accordingly, your application has been denied.
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,
\Sdand
W. DEAN PF
Executive or
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