DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BIG
Docket No: 12690-09
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, reguiations 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 31 August 1976. You received
nonjudicial punishment on three occasions and were convicted by
two special courts-martial. Your offenses included willfully
disobeying a lawful order (two specifications), dereliction of
duty, unauthorized absence (two specifications totaling 11
days), and disrespect to and assault of a staff noncommissioned
officer. You were notified of pending administrative
separation processing with an other than honorable (OTH)
discharge due to misconduct. You elected to have your case
—
heard by an administrative discharge board (ADB), which met and
found that you had committed misconduct and recommended your
separation with an OTH discharge. The discharge authority
concurred with the ADB’s finding and recommendation. You were
so discharged on 7 December 1978, and 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, and
desire to receive veterans’ benefits. However, the Board
concluded that your OTH discharge should not be changed due to
your numerous acts of serious misconduct. 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,
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