DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 08312-10
21 Bpril 20128
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.
BR three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 20 April 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 16 June
1978. On 6 September 1979, you were convicted by a special
court-martial (SPCM) of two incidents of assault with a dangerous
weapon, being drunk and disorderly, and threatening to kill a
fellow Marine. You were sentenced to a forfeiture of $200, and
seven days restriction. On 25 March 1980, you received
nonjudicial punishment (NIP) for failure to obey a lawful order.
On 16 January 1981, you were in the custody of civilian
authorities for three days. On 13 April 1981, you were in
civilian custody for 140 days, and an additional seven day period
on 3 September 1981. Administrative separation action was
jnitiated by reason of misconduct. You waived your rights to
consult counsel, submit a statement or have your case heard by an
administrative discharge board (ADB). Your commanding officer
forwarded his recommendation that you be discharged under other
than honorable (OTH) conditions by reason of misconduct. The
discharge authority directed an OTH discharge by reason of
misconduct. On 20 November 1981, you were discharged and
received an OTH characterization of service by reason of your
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 record of service. Nevertheless, the Board found
that these factors were not sufficient to warrant changing the
characterization of your discharge, given your record of one
give dion by SPCM and one NUP for misconduct. The Board noted
that you waived iyour right to an ADB, your best opportunity for
retention or a better characterization of service. 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,
\i\yee$
W. DEAN PFI
Executive
NAVY | BCNR | CY2011 | 02717-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 January 2012. 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. You requested to have your case heard by an administrative discharge board (ADB).
NAVY | BCNR | CY2001 | 03896-99
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 June 2000. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. so discharged. 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.
NAVY | BCNR | CY2012 | 00438 12
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. You requested to have your case heard by an administrative discharge board (ADB), and then later waived your right. 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.
NAVY | BCNR | CY2011 | 02748-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 January 2012. 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. In this regard, an RE-4 reenlistment code is required when an individual is discharged for misconduct and is not recommended for retention.
NAVY | BCNR | CY2013 | NR5886 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 June 2014. the Board consisted of your application, together with all material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies. 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.
NAVY | BCNR | CY2011 | 00922-11
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. Subsequently, administrative discharge action was initiated by reason of misconduct due to a pattern of misconduct. 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.
NAVY | BCNR | CY2006 | 09667-06
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.On 27 August 1979 you enlisted in the Marine Corps at age 17 with parental consent. On 18 August 1981...
NAVY | BCNR | CY2011 | 03535-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 February 2012. 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. On 4 November 1981, you were discharged and received an OTH characterization of service by reason of misconduct.
NAVY | BCNR | CY2009 | 00200-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 October 2009. You were recommended for administrative separation due to a pattern of misconduct, and you exercised your right to request an administrative discharge board (ADB). records.
NAVY | BCNR | CY2013 | NR5842 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 May 2014. You waived your procedural right to have your case heard by an administrative discharge board (ADB). 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.