DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 5448-10
2 February 2011
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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 1 February 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You entered active duty in the Marine Corps on 29 May 1979.
You received nonjudicial punishment on five occasions and were
convicted by a special court-martial. Your offenses included
larceny of a tape player and ankle weights, failure to be at
your appointed place of duty (three specifications), two
specifications of unauthorized absence (UA) totaling 26 days,
failure to obey a lawful order (four specifications),
disrespect toward a noncommissioned officer (four
specifications), dereliction in the performance of your duties,
destroying government property, and being intoxicated on duty.
You also had two additional periods of UA totaling 71 days for
which no disciplinary action was taken. You were then notified
that your commanding officer was recommending you for
administrative separation with an under conditions other than
honorable (OTH) discharge due to misconduct. You waived all of
your procedural rights, including your right to an
administrative discharge board (ADB). On 27 January 1982, you
received an under conditions OTH discharge due to misconduct,
and were assigned an RE-4 (not recommended for retention)
reenlistment code.
gn its review, OF a application, the Board carefully weighed
all potentially tireigating factors, such as your youth, alcohol
abuse, and current desire for veterans’ benefits. The Board
concluded, however, that your discharge should not be upgraded
due to your numerous acts of misconduct. The Board found that
you waived your right to an ADB, your best opportunity for
retention or a better Gharacterization of service. You are
advised that no a eae is upgraded due merely to the passage
of time or post sérvice good conduct. In view of the above,
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,
lp
W. DEAN PFE
Executive Di r
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