DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
‘WASHINGTON DC 20370-5100
BAN
Docket No: 2855-09
28 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 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 on 28 January 1981, and served
without disciplinary incident until 4 November 1981, when you
received non-judicial punishment (NJP) for failure to obey a
lawful order. Shortly thereafter, you received the following
disciplinary actions: on 15 January 1982, you received NJP for
unauthorized absence (UA) in excess of 23 days; on 4 March 1982,
you were convicted at a summary court-martial for failure to obey
a lawful command, three specifications of disobeying a lawful
order, being disrespectful in language, assault, two
specifications of a general order violations, and UA; and on 11
May 1982, you received NUP for destruction of government
property, assault and drunk and disorderly conduct.
Therefore, you were recommended for separation under the
expeditious discharge program due to your misconduct. You waived
-all of your procedural rights, to include your right to an
administrative discharge board (ADB). The separation authority
approved the request and on 25 May 1982, you were separated with
a general discharge and an RE-3C reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and the passage of time. Nevertheless, the Board
concluded these factors were not sufficient to warrant changing
the characterization of your discharge due to your serious
misconduct. Furthermore, the Board found you waived your right
to an ADB, your best opportunity for retention or a better
characterization of service. Finally, there is no provision in
the law or regulations that allows for recharacterization of
service due solely to the passage of time. Accordingly, your
application has béen 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,
lp acre)
W. DEAN PFE
Executive Di or
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