DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BIG
Docket No: 9302-08
15 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 15 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 ail material
submitted in support thereof, your naval and medical records,
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. The Board found that you entered active
duty in the Marine Corps on 5 December 1984. You received
nonjudicial punishment on two occasions and a summary court-
martial for 14 specifications of unauthorized absence. On
4 December 1985, you were diagnosed with a passive-aggressive
personality disorder. You were counseled on several occasions
for substandard performance, failure to pay just debts, and
assault. On 25 June 1987, you were notified of pending
administrative separation processing for an other than
honorable (OTH) discharge due to a pattern of misconduct. You
waived your right to an administrative discharge board (ADB).
The separation authority approved your OTH discharge for a
pattern of misconduct, and you were so discharged on 24 August
1987, with an RE-4 reenlistment code.
The Board, in its review of your entire record, carefully
weighed all potential mitigation, such as your youth, and
hardship and medical issues. Nevertheless, the Board concluded
that these factors were not sufficient to warrant changing your
OTH discharge because of your repetitive misconduct. The Board
_ noted that you waived your right to an ABB, which was your best
opportunity for retention or a better characterization of
service. In view of the above, 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 wpon 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,
Copy to:
NAVY | BCNR | CY2009 | 03801-09
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