DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SUN
Docket No: 02546-09
22 February 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 17 February 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
duty on 1 April 1982 at age 18. During the period from
31 July 1984 to 7 November 1985, you received four nonjudicial
punishments (NUJP's) for three periods of unauthorized absence
(UA) totaling 14 days, wrongful use of marijuana, and
incapacitation for the proper performance of duty. Additionally,
you were counseled and warned that further misconduct could
result in administrative discharge action. On 7 March 1986, you
were convicted by special court-martial (SPCM) of two periods of
UA totaling 28 days. You were sentenced to confinement and a
forfeiture of pay. On 19 May 1986, 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 23 May 1986, the
discharge authority directed an other than honorable discharge by
reason of misconduct. On 30 May 1986 you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, overall
record of service, post service medical issues, and letter from
the Disabled American Veterans office. Nevertheless, the Board
found that these factors were not sufficient to warrant
recharacterization of your discharge given your record of four
NJP's, SPCM conviction, 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,
Wea
W. DEAN PF
Executive
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