DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 12155-09
25 August 2010
This ig 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. ,
AR three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 25 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 reenlisted in the Marine Corps on 24 August 1985. Between
7 November and 9 December 1988, you received three nonjudicial
punishments (NJP’s). You committed the following offenses: four
incidents of disobeying a lawful order, three incidents of being
disrespectful toward a senior noncommissioned officer, failure to
go to your appointed place of duty, willfully disobeying an
order, and disrespect to the first sergeant. On 4 December 1988,
administrative separation action was initiated by reason 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 23 December 1988, you were discharged and
received an other than honorable characterization by reason of
your misconduct. 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, conduct,
and overall record of service. Nevertheless, the Board found
that these factors were not sufficient to warrant changing the
characterization of your discharge, given your record of three
NJP’s for misconduct. The Board noted that you waived your right
to and ADB, your best opportunity for retention or a better
characterization of service. An RE-4 reenlistment code is
required when an individual is discharged for misconduct and is
not recommended for retention. Accordingly, your application has
been denied. The names and votes of the members of the panel
_will be furnished upon request.
The Board noted that you may be eligible for benefits with the
Department of Veterans Affairs (DVA) based on your first period
of honorable service. You may wish to contact your local office
of the DVA for a determination.
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,
Last
W. DEAN PF
Executive Dwire
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