DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 4634-10
31 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 26 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 and began a period of active
duty on 3 November 1982. You received nonjudicial punishment
(NOP) on six occasions for wrongfully and unlawfully obtaining
answers to an examination with intent to deceive and pass the
Basic Supply Stock Control Course, two instances of unauthorized
absence (UA) from your unit, failure to go to your appointed
place of duty, failure to obey a hawful order, disobeying a
lawful regulation by operating a vehicle without a proper
Japanese operator's permit, driving while impaired by alcohol,
contributing to the delinquency of a minor by providing alcohol
to a 17 year old female and breaking restriction. You were
counseled and warned further misconduct could result in
administrative separation. On 27 March 1985, you were notified
of pending administrative separation action with an other than
honorable (OTH) discharge by reason of misconduct due to a
pattern of misconduct. After consulting with legal counsel, you
waived your right to an administrative discharge board (ADB). On
9 April 1985 you received the OTH discharge for misconduct due to
a pattern of misconduct.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct that
resulted in six NUPs. The Board noted that you waived the right
to an ADB, your best opportunity for retention or a better
characterization of service. Finally, concerning your alleged
alcohol problem, there is no indication in the record that such
:problem, tLe existed at the time of your service, was so
serious as to mitigate your actions or warrant recharacterization
of your discharge. 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,
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