DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 06720-0909
15 March 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 3 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 first enlisted in the Marine Corps from 1977 to 1982, and
received two honorable discharges. During your first two
enlistments, you received two nonjudicial punishments (NUP's) and
a special court-martial. Your offenses included two instances of
failure to obey a lawful order, three instances of disrespect,
use of provoking words, and assault. You reenlisted on 18
November 1982, and served without disciplinary incident until 30
June 1983, when you received NUP for breach of peace and
communicating a threat. Therefore, you were recommended for
administrative separation with an other than honorable (OTH)
discharge due to your misconduct, and you exercised your right to
request an administrative discharge board (ADB). The ADB voted
to separate you due to your misconduct with an OTH discharge.
The separation authority approved the recommendation and on 22
December 1983, 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 the seriousness of
your 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 PPET
Executive Di
c,
=
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