DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SON
Docket No: 01350-0909
22 December 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 December 2009. Your allegations of error and
injustice were reviewed in accordance with administrative
reguiations 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 30 December 1981 at age 18. During the period from
6 April 1983 to 10 August 1983, you received three nonjudicial
punishments (NUP’s) for nine instances of failure to go to your
appointed place of duty, five instances of disobedience, three
periods of unauthorized absence, dereliction of duty, two
instances of damaging government property, disrespect, and
wrongful use of marijuana. Additionally, you were counseled and
warned, after your first NUP, that further misconduct could
result in administrative discharge action. On 13 October 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). Your
commanding officer forwarded his recommendation that you be
discharged under other than honorable conditions by reason of
misconduct. On 20 October 1983, the discharge authority directed
an other than honorable discharge by reason of misconduct. You
were so discharged on the same day. ,
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall service. Nevertheless, the Board found that these
factors were not sufficient to warrant recharacterization of your
discharge given your record of three NIP’s, two of which were
imposed after you were counseled and warned of the consequences
of further misconduct, and one for drug use. Further, 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 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,
as
Executive “Bi tor
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