DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX 9
WASHINGTON DC 20370-5100
SIN
Docket No: 05153-0939
26 June 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 23 June 2009. Your allegations of error and
injustice were reviewed in agcordance 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 28 August 1981. During the period from 17 March 1982 to
18 October 1983 you received five nonjudicial punishments (NJP‘ s)
for dereliction of duty, three instances of disrespect,
disobedience, drunk and disorderly conduct, and absence from your
appointed place of duty. Additionally, you were counseled and
warned that further misconduct could result in administrative
discharge action.
On'19 October 1983, administrative separation 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 29 November 1983, the separation authority
directed an other than honorable discharge by reason of
misconduct. On 2 December 1983 you were so discharged. At that
time, you were assigned an RE-4 reenlistment code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, overall
record of service, and the characterization letters accompanying.
your application. Nevertheless, the Board concluded these
factors were not sufficient to warrant a change in the
reenlistment code, which was based on your disciplinary record
and substandard behavior. In this regard, an RE~4 reenlistment
code is required when an individual is discharged due to
misconduct. 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,
\s
W. DEAN
Executive
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