DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SJN
Docket No: 00254-10
20 October 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 19 October 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 22 July 1977. The Board found that you received
nonjudicial punishment (NUP) for 13 days of unauthorized absence
(UA). Further, although the discharge processing paperwork is
not contained in your record, it appears that you were processed
for administrative separation by reason of misconduct due
unauthorized absence UA. It also appears that when notified of
this action by registered mail, you waived the right to present
your case to an administrative discharge board (ADB) when you
failed to reply, constituting a waiver of all rights. On
1 February 1984 you were discharged under other than honorable
conditions. Finally, the record shows that on 15 February 1984,
you returned the statement of awareness indicating that you
waived all of your rights.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and record
of service. Nevertheless, the Board found that these factors
were not sufficient to warrant recharacterization of your
discharge given your NUP, and the fact that you were discharged
due to what appears to be a period of UA. Further, the Board
noted that you waived the right to an ADB, your best chance for
retention or a better characterization of service. Accordingly,
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
Poard reconsider its decision upon submission of new and material
evidence or.other matter not previously considered by the Board.
Ig: this regard, it is:important to keep in mind that a
presumption of regularity attaches to all official records.
gonsequently,,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,
A
Executive Dare
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