DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 00634-10
26 October 2010
yd
This is 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 21 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 entered active duty in the Marine Corps on 8 October 1980,
and served without disciplinary incident until 7 May 1981, when
you received nonjudicial punishment (NJP) for dereliction of
duty. Shortly thereafter, you received the following NJP’s: on 2
November 1982, for failure to obey a lawful order; on 8 June
1983, for two specifications of failure to obey a lawful order,
and failure to go to your appointed place of duty; and on 8
November 1983, for two specifications of violating a general
order. Therefore, you were recommended for separation with an
other than honorable (OTH) discharge due to a pattern of
misconduct. You waived your rights to consult with counsel and
an administrative discharge board (ADB). The separation
authority approved the recommendation and in December 1983, you
were separated with an OTH discharge due to a pattern of
misconduct and an RE-4 reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of the frequency of your misconduct. Additionally, the
Board found that you waived your procedural right to an ADB, your
best opportunity 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 acti®n 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
soresumption 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,
W. DEAN PFEIFFER
Executive Director
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