DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 04382-10
31 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 26 January 2011. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the preceedings 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 16 August 1977, and served
without disciplinary incident until 14 June 1979, when you
received nonjudicial punishment (NJP) for failure to obey a
lawful order. Shortly thereafter, you received the following
disciplinary actions: on 2 July 1979, you received NJP for two
specifications of unauthorized absence (UA); on 17 September
1979, you received NUP for UA; on 5 October 1979, you received
NJP for sleeping on post; and on 8 October 1980, you were
convicted at a summary court-martial of two specifications of
failure to go to your appointed place of duty, UA in excess for
16 days, and sleeping on post. You were recommended for
separation with an other than honorable (OTH) discharge due to
frequent involvement of a discreditable nature. 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
23 December 1980, 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. ¥
.
Tt is regretted thatthe 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 reeords.
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,
iy, Noam
W. DEAN PFEIF
Executive Diragt
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