DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 02125-09
17 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
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 11 April 1979, at age 19. On 13 June 1980, you received
nonjudicial punishment (NJP) for being absent from your appointed
place of duty. Between 12 January and 2 February 1981, you
received NUP for two occasions for sleeping on post. You were
counseled and warned that further misconduct could result in
administrative discharge action. On 4 May 1981, you received NUP
for willfully disobeying a lawful order. On 24 March 1982, you
received your fifth NUP for assault. On 26 April 1982,
administrative discharge action was initiated by reason of
misconduct due to misconduct~frequent involvement. You elected
to have your case heard by an administrative discharge board,
which voted three to zero in favor of an under other than
honorable discharge. Your commanding officer forwarded his
recommendation that you be discharged under other than honorable
conditions by reason of misconduct. On 21 June 1982, the
discharge authority directed an other than honorable discharge by
reason of misconduct. On 30 June 1982, you were so discharged.
At that time you were assigned an RE-4 reenlistment code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, conduct
and performance, and overall record of service. Nevertheless,
the Board found that these factors were not sufficient to warrant
changing the reason or characterization of your discharge, given
your record of five NJP's, and the fact that you were counseled
and warned of the consequences of further misconduct, and still
committed further offenses. 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,
DY
W. DEAN PFE
Executive DB tor
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