DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BJG
Docket No: 1820-10
9 November 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 9 November 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 19 October 1981. You received nonjudicial punishment
on two occasions, and were convicted by a summary and a special
court-martial. Your offenses included disrespect,
unauthorized absence (five specifications totaling 73 days),
and failure to go to your appointed place of duty. You were
notified of pending administrative separation processing with
an under other than honorable conditions discharge due to
misconduct (pattern of misconduct). You elected to have your
case heard by an administrative discharge board (ADB), which
met and found that you had committed misconduct (pattern of
misconduct) and recommended your separation with an under other
than honorable conditions discharge. The discharge authority
concurred with the ADB’s finding and recommendation. On 2
December 1985, you were discharged under other than honorable
conditions due to misconduct (pattern of misconduct), and were
assigned an RE-4 (not recommended for retention) reenlistment
code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth and
alcohol abuse problems. However, the Board concluded that your
under other than honorable conditions 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,
W. DEAN PFE
Executive Di
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