DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BJG
Docket No: 10926-09
14 July 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 13 July 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 31 July 1979. You received
nonjudicial punishment, two summary courts-martial, anda
special court-martial for unauthorized absence (30 days),
sleeping on post, failure to obey a lawful order (two
specifications), assault of a commissioned officer, and
assault. You were counseled and warned on numerous occasions
that further misconduct could result in administrative
separation. You were notified that your commanding officer was
recommending you for administrative separation 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). On 2 April 1982, you
received an OTH discharge due to 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 desire for a better discharge. However, the Board
concluded that your discharge should not be changed due to your
numerous acts of misconduct. The Board noted that you
committed further offenses after being counseled and warned
that further misconduct could result in administrative
separation. The Board found that 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,
\ Sania
W. DEAN PF
Executive Dtre'ctor
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