DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100
TAL
Docket No: 00867-09
20 November 2009
Qe
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 12 November 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 and began a period of active
duty on 20 November 1980 at age 17. On 22 July 1981, you were
convicted by summary court-martial (SCM) of failure to obey a
regulation by wrongfully possessing marijuana. On 21 December
1981, you received nonjudicial punishment (NUP) for insubordinate
conduct, and damage to military property. On 1 July 1982, you
received NUP for failure to obey a regulation. On 26 May 1983,
you received NUP for use of marijuana. Additionally, after your
second NJP, you were counseled and warned that further misconduct
could result in administrative discharge action. On 21 June
1983, 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). On 21 June
1983, your commanding officer forwarded his recommendation that
you be discharged under other than honorable (OTH) conditions.
On 1 July 1983, the discharge authority directed an OTH discharge
by reason of misconduct due to a pattern of misconduct. On 15
July 1988 you were so discharged.
-The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization -
of your discharge given the seriousness of your misconduct that
resulted in one SCM and three NJP’s, one of which was imposed
after you were coungeled and warned of the consequences of
‘further misconguct. Finally, the Board noted that you waived the
right to an ADB, your best opportunity for retention or a better
characterization of service. Accordingly, your application has
sbeen 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,
\SQoas |
W. DEAN PF
Executive Di
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