DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX :
WASHINGTON DC 20370-5100
TAL
Docket No: 01934-09
7 December 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 24 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 16 June 1980 at age 22. On 16 January 1981, you received
nonjudicial punishment (NUP) for the theft of a vehicle decal.
On 12 March 1981, you received NIP for unauthorized absence (UA)
from your appointed place of duty. On 18 May you were enrolled
in an alcohol rehabilitation program, but you were terminated on
29 May 1981 for failure to cooperate. On 7 December 1981, you
received NJP for two instances of UA from your appointed place of
duty. On 22 December 1981, you were notified that administrative °
separation action was initiated under the expeditious discharge
program. On 29 December 1981, the commanding officer forwarded
his recommendation for separation, and on 22 January 1982 you
were separated with a general discharge.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
ne
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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 and
alcohol rehabilitation failure. The Board also believed that you
were fortunate to réceive a general discharge since a
characterization under other than honorable conditions is often
directed when a Sailor is separated for misconduct. Accordingly,
your application has been denied. The names and votes of the
members of the panel will be furnished upon request.
Tt 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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