DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 04332-10
25 January 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 20 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Marine Corps on 21 June 1979, and served
without disciplinary incident until 26 June 1980, when you
received nonjudicial punishment (NJP) for disobeying a lawful
order. Shortly thereafter, you received the following
disciplinary action: on 2 April 1981, you received NJP for an
unauthorized absence (UA) and failure to obey a lawful order; on
6 October 1981, you received NJP for UA; on 3 November 1981, you
received NUP for assault; on 6 November 1981, you received NUP
for disobeying a lawful order and breaking restriction; on 17
November 1981, you received NJP for assault; on 10 December 1981,
you were convicted at a summary court-martial (SCM) of UA,
disrespect, disobeying a lawful order, contempt toward a
noncommissioned officer, and communicating a threat; and on 5
February 1981, you received NUP for disrespect. Therefore, you
were recommended for separation with an other than honorable
(OTH) discharge due to your repeated acts of migconduct. 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. Therefore, on
18 June 1982, 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 and claim that you were excused from duty due to that
fact that you were on convalescent leave. Nevertheless, the
Board concluded that these factors were not sufficient to warrant
recharacterization of your discharge because of your numerous
‘acts of misconduct. Furthermore, the Board found you waived your
right to an ADB, your best opportunity for retention or a better
Scharacterization 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 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,
Weare Phe
. DEAN PFAYVF
Executive rector
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