DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 06590-10
iL Mareh 2OLL
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 9 March 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 active duty on 30
April 1982. On 25 January 1983, you received nonjudicial
punishment (NJP) for wrongfully making a false statement,
disobeying a lawful order, and being disrespectful toward a
noncommissioned officer. On 23 September 1983, you received NUP
for being disrespectful toward a noncommissioned officer, and
disobeying a lawful order. On 11 July 1984, you were convicted
by a special court-martial (SPCM) of two incidents of disobeying
a lawful order, being disrespectful toward a noncommissioned
officer on two occasions, being derelict in the performance of
your duties, wrongfully using provoking words, wrongfully
communicating a threat to a fellow Marine, and assaulting two
fellow Marines. You were sentenced to forfeitures of $1,788,
reduction in pay grade, and confinement at hard labor for 135
days. On 5 October 1984, administrative separation action was
initiated by reason of misconduct. You elected to have your case
heard by an administrative discharge board (ADB), which found
that you had committed misconduct, and recommended an other than
honorable (OTH) characterization of service. Your commanding
officer concurred with the ADB’s finding and recommended that you
=.
be discharged under OTH conditions by reason of misconduct. On
7 December 1984, the discharge authority directed an OTH
discharge by reason of misconduct. On 18 December 1984, you were
discharged and received an OTH characterization of service by
reason of misconduct. At that time you were assigned an RE-4
reenlistment code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, conduct,
and overall recordgof service. Nevertheless, the Board found
that these factors’ were not sufficient to warrant changing the
. Characterization*of your discharge, given your record of two
NJP’'s, and one conviction by SPCM of misconduct. You are advised
that an RE-4 reenlistment code is required when an individual is
discharged for misconduct and is not recommended for retention.
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,
W. DEAN i
Executive Qireetor
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