DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DCG 20370-5100
TAL
Docket No: 12289-09
30 August 2010
This 1s in reference to your application for correction of your
naval record pursuant to the provisions of title 10, 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 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 enlisted in the Marine Corps and began a period of active
duty on 31 January 1979 at age 18. Based on the information
currently contained in your record it appears that you were
subsequently processed for an administrative separation. In
connection with this processing, you would have acknowledged the
separation action and the discharge authority would have approved
a recommendation for separation. It appears that you waived all
of your procedural right, including your right to an
administrative discharge board (ADB). Your record also includes
information that you were in an unauthorized absence (UA) on two
occasions totaling l7days. The record clearly shows that on
9 November 1979, you were discharged with a general
- Characterization.
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. The Board also believed that you were
fortunate to receive a general discharge since a separation under
other than honorable conditions is often directed when a Marine
is separated for misconduct such as your UAs. Finally, no
discharge is upgraded merely because of the passage
Accordingly, your application has been denied. The
votes of the members of the panel will be furnished
It is regretted that the circumstances of your case
favorable action cannot be taken. You are entitled
of time.
names and
upon request.
are such that
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,
\WQen&
W. DEAN P
Executive Dir
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