DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 05340-09
12 April 2010
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 7 April 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 on 30 January 1986, and served
without disciplinary incident until 13 December 1986, when you
received nonjudicial punishment (NJP) for dereliction of duty and
sleeping on post. Shortly thereafter, you received the following
NJP’s: on 11 February 1987, for disobeying a lawful order by a
commissioned officer, and leaving your post without being
properly relieved; on 21 April 1987, for failure to go to your
appointed place of duty; and on 15 July 1987, for disobeying a
lawful order. Therefore, you were recommended for separation due
to your pattern of misconduct. After seeking counsel, you signed
an agreement to waive your administrative discharge board (ADB)
and the separation authority approved the recommendation for an
other than honorable (OTH) discharge. Therefore, on 14 August
1987, you were separated with an OTH discharge and an RE-~4
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 pattern of
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 allow for recharacterization of
service due solely to the passage of time. 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,
LQan§ P
W. DEAN
Executive Diyesko
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