DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 7110-10
23 March 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 22 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 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 21 July 1978.
You failed to disclose that you had been convicted by a special
court-martial in the Army of the wrongful possession of
marijuana. You received nonjudicial punishment on six
occasions for assault, unauthorized absence (three
specifications totaling 38 days), failure to go to your
appointed place of duty, and absence from your appointed place
of duty. You were notified of pending administrative
separation processing with an under other than honorable
conditions discharge due to misconduct. You waived your
procedural right to an administrative discharge board (ADB) .
Your commanding officer recommended to the separation authority
that you be discharged with an under other than honorable
conditions characterization of service. The discharge
authority concurred with your commanding officer's
recommendation. On 28 April 1980, you were discharged under
other than honorable conditions due to misconduct, and assigned
an RE-4 (not recommended for retention) reenlistment code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth and
recruiter misconduct. However, the Board concluded that your
discharge should not be changed due to your numerous acts of
misconduct. The Board noted that you waived your right to an
ADB, your best opportunity for retention of a better
characterization of service. You are advised that no discharge
is upgraded automatically due merely to the passage of time or
post service 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,
\n\
W. DEAN PF"
Executive Dire
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