DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DCO 20370-5100 SIN
Docket No: 03405-10
2 February 2011
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 1 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
injustice.
You enlisted in the Marine Corps and began a period of active
duty on 20 June 1983. The Board found that you received two
nonjudicial punishments (NJP’s) for making a false official
statement, disobedience, and the use of disrespectful language.
You were also convicted by two summary courts-martial (SCM’s) of
desertion, leaving your appointed place of duty, disrespect, four
specifications of disobedignce, resisting apprehension, and
impersonating a noncommissioned officer. Additionally, you were
counseled and warned after your first 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 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 5 December 1986.
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 two NUJP’s, two convictions by SCM, and the fact that
you were counseled and warned after first NUP 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
characterization of service. Accordingly, your application has
been denied. The es and votes of the members of the panel
will be furnished Upofi request.
le ais regretted that the circumstances of your case are such that
favorable actién 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. D
EAN PFEILFRER
Executive Direct
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