DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 ‘
BJG
Docket No: 4252-10
19 January 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 19 January 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 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 4 June 1980.
You received nonjudicial punishment on five occasions for
failure to go to your appointed place of duty (six
specifications), unauthorized absence (two specifications
totaling five days), disrespect, willfully disobeying a lawful
order (two specifications), and failure to obey a lawful order.
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 23 December 1983, you were
discharged under other than honorable conditions due to
misconduct (pattern of misconduct), and 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, desire
to upgrade your discharge, and character reference letters.
However, the Yoard 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,
Least
W. DEAN PF
Executive Dye ie
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