DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
oe . Docket No: 00113-0939
- 26 October 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 16 October 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 the evidence submitted was insufficient
_to establish the existence of probable material error or
injustice.
You enlisted in the Marine Corps on 28 May 1985, and served
without disciplinary incident until 22 October 1985, when you
received nonjudicial punishment (NUP) for failure to obey a
lawful order. Shortly thereafter, you received the following
NJP’s: on 14 March 1986, for disrespect in language; and on 9
July 1986, for two specifications of unauthorized absence. You.
were recommended for separation with an other than honorable
(OTH) discharge due to your misconduct. You waived all of your
procedural rights, to include your right to an administrative
discharge board (ADB).. The separation authority approved the
request and on 8 August 1986, you were separated with an OTH
discharge and an RE-4 reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of the seriousness of your misconduct. The Board found
you waived your 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,
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