DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 02617-09
14 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 3 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..31..August 1982 at age 23. On 1 November 1983, you
received nonjudicial punishment (NJP) for failure to obey a
lawful order, not to drink in the bachelor enlisted quarters,
while on duty. On 17 December 1983, you received NUP for
unauthorized absence (UA) and failure to go to your appointed
place of duty. On 7 March 1984, you received NUP for a 29 day
period of UA from your unit, selling military property valued at
$100.00 and breaking restriction. On 20 June 1984, you received.
NOP for willfully disobeying a lawful order. On 19 July 1984,
you received NJP for wrongful use of marijuana. Additionally,
after your third NJP, you were counseled and warned that further
misconduct could result in administrative discharge action. On
11 July 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). On 31
July 1984, your commanding officer forwarded his récommendation
that you be discharged under other than honorable (OTH)
conditions by reason of misconduct. On 13 August 1984, the
discharge authority directed an OTH discharge by reason of
misconduct due to a pattern of misconduct. On 31 August 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 the seriousness of your misconduct that
resulted in five NUP’s, two of which were imposed after 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, -
W. DEAN PF
Executive or
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