DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 10954-08
7 October 2009
Dear AIRE:
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 15523"
A three-member panel of the Board for Correction of Naval’ .. .
“Records, sitting in executive session, considered your |
application on 23 September 2009. Your allegations of error an
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 and began a period of active
duty on 26 March 1982, at age 18. During the period from.
20 May 1983 to 3 May 1984, you received five nonjudicial
punishments (NJP’s) for being drunk and disorderly, disobeying a
lawful order, wrongfully appropriating a U.S. Government jeep,
violating a lawful order while driving a vehicle aboard base with
under revoked driving privileges, consuming alcoholic beverages
while on restriction, and an unauthorized absence (UA) of 20
days. You were counseled and warned that further misconduct could
result in administrative discharge action.
On 7 May 1984, administrative discharge action was initiated by
reason of misconduct due to a pattern of misconduct. You waived:
your rights to consult counsel, submit a statement or have your
case heard by an administrative discharge board (ADB). Your . ©
commanding officer forwarded his recommendation that you be
discharged under other than honorable conditions by reason of
misconduct. On 21 May 1984, the discharge authority directed an
other than honorable discharge by reason of misconduct.
On 30 May 1984, you were so discharged. At that time you were
assigned an RE-4 reenlistment code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, conduct
and performance, and overall record of service. Nevertheless,
the Board found that these factors were not sufficient to warrant
changing the reason or characterization of your discharge, given
your record of five NUP‘s, and the fact that you were counseled
and warned of the consequences of further misconduct. The Board
also noted that you waived the right to an ADB, your best
opportunity for retention or a better characterization of
service. 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,
\oon uy
W. DEAN PFIN FE
Executive Dwkertor
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