PEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SUN
Docket No: 02403-09
7 January 2010
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 5 January 2010. 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
ctober..1981 at age 20. During the period from
October 1982 to 29 July 1983, you received three nonjudicial
punishments (NJP’s) for disrespectful language, failure to go to
your appointed place of duty, absence from your appointed place
of duty, and three days of unauthorized absence (UA).
Additionally, you were counseled and warned that further
misconduct could result in administrative discharge action. On
8 October 1983, you began a period of UA that lasted 25 days,
ending on 2 November 1983. On 1. December 1983, you were
convicted by special court-martial {SPCM) of two instances of
failing to go to your appointed place of duty, leaving your
appointed place of duty, three periods of UA totaling more than
25 days, and disobedience. You were sentenced to confinement at
hard labor and a reduction in paygrade. On 26 January 1984,
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 2 February 1984, the discharge authority directed
an other than honorable discharge by reason of misconduct. On 20
February 1984 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 your record of three NUP’s, SPCM, and the
fact that you were counseled and warned of the consequences of
further misconduct. 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
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,
\SQeaco lh
W. DEAN PFEI
Executive Di
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