DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 843-10
26 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 20 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 12 June 1979 at age 18. You received nonjudicial
punishment (NJP) on four occasions for such offenses as larceny,
failure to go to your appointed place of duty, disobeying a
lawful order, misbehavior as a sentinel by smoking marijuana on
duty and four instances of unauthorized absence from your unit.
On 29 May 1981, you were counseled for failure to appear at
Onslow County District Court to answer charges of possession of
Marijuana. Based on the information currently contained in your
record it appears that you were subsequently processed for
administrative separation with an other than honorable (OTH)
discharge due to misconduct. In connection with this processing,
you would have acknowledged the separation action and the
separation authority would have approved a recommendation for
separation. You waived all of your procedural rights, including
your right to an administrative discharge aboard (ADB). The
record clearly shows that on 6 April 1982, you were discharged
with an OTH discharge due to misconduct (frequent involvement) .
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct that
resulted in four NUPs. Finally, 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
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,
t
Dyes
W. DEAN PF
Executive Di
NAVY | BCNR | CY2009 | 08937-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 June 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...
NAVY | BCNR | CY2009 | 07427-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 June 2010. 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. 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...
NAVY | BCNR | CY2010 | 00710-10
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. 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.
NAVY | BCNR | CY2009 | 07015-09
Documentary material considered by the Board consisted of your application, together with ail material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies. On 3 May 1984 you were so discharged. 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.
NAVY | BCNR | CY2009 | 09416-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 June 2010. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. 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.
NAVY | BCNR | CY2010 | 01392-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 November 2010. 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. On 2 March 1984, you were notified of pending administrative discharge processing with an other than honorable (OTH) discharge due to misconduct...
NAVY | BCNR | CY2010 | 00694-10
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. Consequently, when applying fora correction of an official naval record, the burden is on the applicant to demonstrate the existence...
NAVY | BCNR | CY2009 | 09149-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 June 2010. The Board found that you entered active duty in the Navy on 13 October 1981. 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.
NAVY | BCNR | CY2009 | 11704-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 August 2010. 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. Additionally, you were counseled and warned after your first NUP, that further misconduct could result in administrative discharge action.
NAVY | BCNR | CY2009 | 05054-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 March 2010. 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. On 28 December 1976 the separation authority directed that you be separated for misconduct with a general discharge.