DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 7908-09
13 May 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 11 May 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice. The Board found that you entered active
duty in the Marine Corps on 28 February 1978. You received six
nonjudicial punishments and a summary court-martial for
unauthorized absences totaling three days, seven occasions of
absence from your appointed place of duty, willful disobedience
of and failure to obey a lawful order, disrespect to a petty
officer, sleeping on post, and having an unclean rifle. You
were notified that your commanding officer was recommending you
for administrative separation with an other than honorable
(OTH) discharge for misconduct. You waived all of your
procedural rights, including your right to an administrative
discharge board (ADB). On 29 January 1980, you received an OTH
discharge for misconduct, and were assigned an RE-4
reenlistment code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth and
current medical problems. However, the Board concluded that
your OTH discharge should not be changed due to your repeated
misconduct. You are advised that no discharge is automatically
upgraded due merely to the passage of time. The Board found
you waived your right to an ADB, your best opportunity for
retention or a better characterization of service. In view of
the above, 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,
ROBERT D. ZSALMAN
Acting Executive Director
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