DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-51900
SUN
Docket No: 00949-10
28 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 26 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 7 June 1982. The Board found that on 7 September 1983,
you were convicted by special court-martial (SPCM) of 75 days of
unauthorized absence which ended with your apprehension. You
were sentenced to confinement at hard labor, a forfeiture of pay,
and a reduction in paygrade. You were counseled and warned that
Further misconduct could result in administrative discharge
action. On 20 December 1983, you received nonjudicial punishment
(NIP) for two instances of failure to go to your appointed place
of duty, disobedience, and disrespect. On 17 April 1984, you
were convicted by summary court-martial (SCM) of disobedience.
You received confinement at hard labor ana a forfeiture of pay.
Subsequently, administrative discharge action was initiated by
reason of misconduct due to pattern of misconduct. You waived
your rights to consult counsel, submit a statement or have your
case heard by an administrative discharge board (ADB). Your case
was forwarded recommending that you be discharged under other
than honorable (OTH) conditions by reason of misconduct. The
discharge authority concurred and directed an OTH discharge by
reason of misconduct due to pattern of misconduct. You were so
discharged on 11 May 1984.
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 concluded these factors were
not sufficient to warrant recharacterization of your discharge
given your NUP and convictions by SPCM and SCM, and the fact that
you were counseled and warned after your SPCM of the consequences
of further misconduct. Finally, the Board noted that you waived
the right to an ADB, your best chance for retention or a better
Jo LSpdyee tion of service. Accordingly, your application has
a W'denied. ¢ The names and votes of the members of the panel
vill 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 recerds.
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,
WW Bane
W. DEAN PF
Executive D e
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