DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20376-51006
TAL
Docket No: 9511-09
18 June 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, gitting in executive session, considered your
application on 16 June 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 and began a period of active
duty on 11 September 1978 at age 18. You received nonjudicial
punishment (NUJP) on two occasions and were twice convicted by
special court-martial (SPCM) for assault, three instances of
unauthorized absence and breaking restriction. You were notified
of pending administrative discharge processing with an other than
honorable (OTH) discharge due to misconduct. You waived all of
your procedural rights, including your right to an administrative
discharge board (ADB). You did, however elect to submit a
written statement. On 12 November 1980, you received the OTH
discharge for misconduct (frequent involvement).
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your Misconduct that
resulted in two NUJPs, two SPCMs and periods of UA that totaled
over four months. Finally, the Board noted that you waived the
right to an ADB, your best chance for retention or a better
characterization of service. 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,
Wes
W. DEAN 'P
Executive |DY bor
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