DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 11075-09
20 July 2010
Dear ‘—amiymaiaimaaaiias
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 20 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 16 March 1967. You received six
nonjudicial punishments and a summary court-martial for
unauthorized absence (four specifications totaling four days),
failure to go to your appointed place of duty, wrongful
appropriation of a government vehicle, failure to obey a lawful
regulation, and absence from your appointed place of duty. On
9 November 1970, 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 7 December 1970,
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
combat service in Vietnam. However, the Board concluded that
your discharge should not be changed due to your numerous acts
of misconduct. 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,
\ Sec
W. DEAN
Executive
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