DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SUN
Docket No: 00965-10
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 reenlisted in the Marine Corps on 7 November 1984 after
serving four years of honorable service. The Board found that
you received four nonjudicial punishments (NJP‘s) for operating a
motor vehicle while drunk, two instances of failure to go to your
appointed place of duty, driving on base when your driving
privileges were revoked, three days of unauthorized absence,
dereliction of duty, and sleeping on post. You were convicted by
Civil authorities of driving under the influence (DUI) of
alcohol, leaving the scene of an accident, and careless and
reckless driving. Additionally, you were counseled and warned
after your second NUP that further misconduct could result in
administrative discharge action. Subsequently, administrative
discharge action was initiated by reason of misconduct due to a
pattern of misconduct. You elected to consult counsel and have
your case heard before an administwative discharge board (ADB).
On 5 August 1987, the ADB unanimously recommended separation
with an other than honorable discharge by reason of misconduct
due to a pattern of misconduct. Your commanding officer
concurred with the ADB’s findings and forwarded his
recommendation that you be discharged. On 20 August 1987,
the discharge authority directed an other than honorable
discharge by reason of misconduct due to a pattern of misconduct.
On 28 August 1987 you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service, and prior honorable service. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge given your four NUJP’s, ey.
fJconviction for DUT, and the fact that you were counseled and
Warned after your second NUP of the consequences of further
Misconduct. Accordingly, your application has been denied. The
names and votes of the members of the panel will be furnished
‘upon request. 4
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 efficial 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,
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