DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 04313-09
29 March 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 23 March 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 10 December 1982 at age 19. On 17 August and
26 September 1983, you received nonjudicial punishment (NUP) for
disrespectful language, two instances of disobedience, four “
instances of communicating a threat, absence from your appointed
place of duty, and destruction of government property. On
12 October 1983, you were counseled and warned that further
misconduct could result in administrative discharge action.
However, on 22 December 1983, you were convicted by special
court-martial {(SPCM) of disrespectful language, disobedience, and
three days of unauthorized absence. You were sentenced to a
forfeiture of pay, reduction in paygrade, and confinement at hard
labor. On 7 March 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 14 March 1984, your commanding officer forwarded his
recommendation that you be discharged under other than honorable
conditions by reason of misconduct. On 23 March 1984, the
separation authority directed an other than honorable discharge
by reason of misconduct. On 4 April 1984, you were so
discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service, and belief that you were being medically discharged.
Nevertheless, the Board found that these factors were not
sufficient to warrant recharacterization of your discharge given
your record of two NJP’s, conviction by SPCM, and the fact that
you were counseled and warned of the consequences of further
misconduct. Further, the Board noted that you waived the right
to an ADB, your best opportunity for retention or a better
characterization of service. Finally, your medical record shows
that your problems with your feet were diagnosed in January 1984,
after all of your misconduct occurred. 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 T
Executive to
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