DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
_ WASHINGTON DS 20370-5100
TUR
Docket No: 4509-09
12 April 2010
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 6 April 2010. The names and votes of the
members of the panel will be furnished upon request. 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 13 June 1979 at age 17 and
began a period of active duty on 10 March 1981. You served
without disciplinary incident until 26 January 1982, when you
received nonjudicial punishment (NJP) for absence from your
appointed place of duty. About three months later, on 27 April
1982, you were convicted by special court-martial (SPCM) of
assault, disrespect, disobedience, and resisting arrest. About a
year later, on 18 April 1983, you received NUP for disrespect and
disobedience. ;
On 8 March 1984 you received your third NJP for wrongful use of
Marijuana and disorderly and uncooperative conduct. Shortly
thereafter, you were notified of administrative separation by
reason of misconduct due to a pattern of misconduct, and waived
your procedural right to consult with legal counsel and to
present your case to an administrative discharge board (ADB). As
a result of this action, on 11 May 1984, you were issued an other
than honorable discharge by reason of misconduct due to a pattern
of misconduct.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade your discharge. It also
considered your assertion that you were not involved in any
alcohol or drug related activity or a pattern of misconduct. It
further considered your assertion that you were injured when
military police used excessive force during an arrest procedure.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your repetitive misconduct which
resulted in three NJPs and a court-martial conviction. Further,
you were given an opportunity to defend your actions, but waived
your procedural right to present your case to an ADB. Finally,
there is documented evidence in the record that is contrary to
your assertions. Accordingly, your application has been denied.
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,
\s
W. DEAN P
Executive
ctor
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