DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20376-5100
CRS
Docket No: 5237-09
13 April 2010
‘This ig 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 27 January 2010. 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. :
The Board found that you enlisted in the Marine Corps on 31
January 1983. You received nonjudicial punishment on three
occasions for offenses that included unauthorized absences,
possession of pyrotechnics in the barracks, sieeping on post, use
of marijuana, absence from appointed place of duty, and’ willful
disobedience of a lawful order. On 29 March 1984 a physical
evaluation board found you unfit for duty with an open comminuted
fracture of the right patella.
On i5 May 1984 your commanding officer recommended that you be
separated with a discharge under other than honorable conditions
by reason of misconduct. On 23 May 1984 the Assistant Secretary
of the Navy for Manpower and Reserve Affairs cancelled your
disability proceedings. On 19 June 1984 you were separated from
the Marine Corps by reason of misconduct with a discharge under
other than honorable conditions.
In its review of your application, the Board: carefully weighed
all potentially mitigating factors, such as your youth, overall
service, and good post service conduct. The Board concluded that
those factors were insufficient to warrant recharacterization of
your service, given the number and the severity of the offenses
for which you were discharged. 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 entitied 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,
aes
W. DEAN P R
Executive D or
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