DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 1863-10
10 November 2010
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 ef 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. The Board found that you entered active
duty in the Marine Corps on 9 October 1984. You received
nonjudicial punishment on four occasions for wrongful
possession and consumption of alcoholic beverages in bachelor
enlisted quarters, breaking restriction, failure to go to your
appointed place of duty, and wrongfully receiving and
concealing a parachute, and an M-16 rifle carrying handle and
butt stock. You were notified that your commanding officer was
recommending you for administrative separation with an under
conditions other than honorable (OTH) discharge due to
misconduct (pattern of misconduct). You waived all of your
including your right to an administrative
discharge board (ADB). On 13 May 1986, you received an under
conditions OTH discharge due to misconduct (pattern of
misconduct), and were assigned an RE-4 (not recommended for
retention) reenlistment code.
procedural rights,
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth, current
medical problems, and character reference letter. The Board
concluded that your discharge should not be upgraded due to
your numerous acts of misconduct. You are advised that no
discharge is upgraded due merely to the passage of time or post
diservice good conduct. The Board found that you waived your
‘Bight to art ADB, your best opportunity for retention or a
better characterization of service. 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
behat fayqrablesaetion 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,
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