DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100 REC
Docket No: 11672-09
12 August 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 August 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 19 August 1983. On 21 January 1986, you received
nonjudicial punishment (NIP) for being in an unauthorized absence
(JA) status on two occasions. On 20 May 1986, you received NUP
for being absent from your appointed place of duty. On 15 May
1987, you received NUP for failure to be properly relieved from
your post. On 19 May 1987, you were counseled and warned that
further misconduct would result in administrative separation from
the Marine Corps. On 23 November 1987, you received your fourth
NIP for wrongful use of a controlled substance. On 4 February
1988, administrative separation action was initiated by reason of
misconduct due to a pattern of misconduct. You waived your
rights to consult counsel, submit a statement or have your case
heard by an administrative discharge board (ADB). Your
commanding officer forwarded his recommendation that you be
discharged under other than honorable conditions by reason of
misconduct. The discharge authority directed an other than
honorable discharge by reason of misconduct. On 29 February
1988, you were so discharged. At that time you were assigned an
RE-4 reenlistment code.
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 your record of four NUP’s for
misconduct. The Board noted that you waived your right to an
ADB, your best opportunity for retention or a better
@haracterization of service. Accordingly, your application has
‘been denied. The names and votes of the members of the panel
“wll 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,
W. DEAN P R
Executive r or
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