DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 772-10
13 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 5 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice. You entered active duty in the Marine
Corps on 14 December 1978. You received nonjudicial punishment
on seven occasions for unauthorized absence (two specifications
totaling 20 days), disobedience, dereliction of duty, larceny,
assault, disrespect, and drunk on duty. You were notified of
pending administrative separation processing with an other than
honorable discharge due to misconduct (frequent involvement) .
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
other than honorable discharge. The discharge authority
concurred with the ADB’s finding and recommendation. On 25
February 1981, you were issued a DD Form 214 (Certificate of
Release or Discharge from Active Duty), which had “General”
typed in block 24 (Character of Service). However, on 18
February 1982, this mistake was discovered and a DD Form 215
(Correction to DD Form 214) was issued, and block 24 was
changed to “Under Other than Honorable Conditions” (see
enclosure) .
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth.
pHowever, the Board concluded that your other than honorable
discharge should not be changed due to your numerous acts of
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,
\y |
Paella
Fxecutive Di
Enclosure
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