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NAVY | BCNR | CY2010 | 02832-10
Original file (02832-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

 

WASHINGTON DC 20370-5100

BAN
Docket No: 02832-10
17 February 2011

 

This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 February 2011. 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

LT] USES .

You enlisted in the Marine Corps on 24 July 1984, and served
without disciplinary incident until 27 September 1984, when you
received nonjudicial punishment (NUP) for assault. Shortly
thereafter, you received the following disciplinary actions: on
17 January 1985, you received NUP for disorderly conduct while in
the barracks; on 8 May 1985, you received NJP for leaving your
appointed place of duty, and disrespect; and on 25 February 1987,
you received NJP for unauthorized absence. You were recommended
for separation with an other than honorable (OTH) discharge due
to a pattern of misconduct. You waived all of your procedural
rights, to include your right to an administrative discharge
board (ADB). The separation authority approved the
recommendation for an OTH discharge due to a pattern of
misconduct. Therefore, on 16 March 1987, you were separated with
an OTH discharge and an RE-4 reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth. Nevertheless, the Board concluded that these factors
were not sufficient to warrant recharacterization of your
discharge because of your repeated acts of misconduct.
Furthermore, the Board found you waived your right to an ADB,
your best opportunity 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 c&nnot be taken. You are entitled to have the
‘Board reconsider tes decision upon submission of new and material
evidence or otherfmatter not previously considered by the Board.
In this regard, it is important to keep in mind that a
Rresumption 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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