DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 8906-09
2 June 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 1 June 2010. The names and votes of the members
of the panel will be furnished upon request. 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 16 July 1984 at age 18. On 4
December 1984 you were referred for a medical evaluation due to
alcohol problems and depression. You were advised to continue
your medication and rehabilitation program and seek assistance
from a chaplain. On 28 February and 8 March 1985 you were again
evaluated for various medical complaints. Subsequently, you were
diagnosed with a mixed personality disorder which existed prior
to your enlistment.
You served without disciplinary incident until April 1985.
However, on 1 April and again on 18 April 1985, you received
nonjudicial punishment (NIP) for two periods of failure to go to
your appointed place of duty, absence from your appointed place
of duty, a one day period of unauthorized absence (UA), and
making and writing false official statements. On 23 April 1985
you were convicted by summary court-martial (SCM) of disobedience
and assault.
Subsequently, you were processed for an administrative separation
action by reason of misconduct. After consulting with legal
counsel you elected to present your case to an administrative
discharge board (ADB). On 7 June 1985, an ADB recommended an
other than honorable discharge by reason of misconduct due to a
pattern of misconduct. Your commanding officer, in concurrence
with the ADB, also recommended discharge under other than
honorable conditions by reason of misconduct. On 17 June 1985
the discharge authority approved these recommendations and
directed your commanding officer to issue you an other than
honorable discharge by reason of misconduct due to a pattern of
misconduct and on 27 June 1985, you were 50 discharged. However,
on 13 November 1985, the Naval Discharge Review Board (NDRB)
changed the characterization of your service and issued you a
general discharge by reason of misconduct.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade your general discharge.
Nevertheless, the Board concluded these factors were not
sufficient to warrant further recharacterization of your
discharge because of the seriousness of your frequent misconduct
which resulted in two NUPs and a SCM. Further, the Board noted
that you were properly separated by reason of misconduct and that
the NDRB recharacterized your service to general under honorable
conditions. As such, the Board concluded that you were fortunate
to receive a general discharge. Accordingly, your application
has been denied.
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,
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