DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON BC 20370-5100
BUG
Docket No: 12689-0939
25 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 24 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 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 17 August 1982. You received
nonjudicial punishment on four occasions for failure to obey a
Lawful order (two specifications), sleeping during duty hours
(two specifications), absence from your appointed place of
duty, sleeping on post, and assaulting another Marine. You
were notified that your commanding officer was recommending you
for administrative separation with an other than honorable
(OTH) discharge due to misconduct (pattern of misconduct). You
waived all of your procedural rights, including your right to
an administrative discharge board (ADB). On 30 October 1984,
you received an OTH discharge due to misconduct (pattern of
misconduct), and were assigned an RE-4 (not recommended for
retention) reenlistment code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth, desire
for veterans’ benefits, and the passage of time. The Board
concluded that your discharge should not be upgraded due to
your misconduct. The Board found that you waived your right to
an ADB, your best opportunity for retention or a better
characterization of service. You are advised that there is no
provision of law or in naval regulations that allows for the
automatic upgrade of a discharge due merely to the passage of
time. 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,
\s
W. DEAN PFEIFFER
Executive Director
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