DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
AVY ANNE
2N NEX TRG
WASHINGTON DC 20370-5100 Docket No: 314-09
6 February 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 3 February 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 4 August 1976 at age 19.
During the period from 16 November 1976 to 27 February 1978 you
received nonjudicial punishment on eight occasions. Your
offenses were multiples instances of disobedience, disrespect,
communicating a threat, a short period of unauthorized absence,
and damaging a soda machine. On 11 July 1977 you completed a
five week inpatient treatment for alcohol abuse.
Based on the foregoing record, you were processed for an
administrative discharge. At that time, you elected to waive the
right to have your case heard by an administrative discharge
board. After review, the separation authority directed discharge
under other than honorable conditions. On 11 July 1978 you
received another nonjudicial punishment for an unauthorized
absence of about 36 days. On 24 July 1978 you received the
previously approved discharge under other than honorable
conditions.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and contention
that alcoholism led to your misconduct. You desire
recharacterization of your discharge because you have a hearing
pending with the Immigration and Naturalization Service. The
Board found that these factors and contention were not sufficient
to warrant recharacterization of your discharge given your record
of misconduct. The Board concluded that the discharge was proper
as issued and no change is warranted.
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,
W. DEAN’ P
Executive
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