DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 10347-10
29 June 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 28 June 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 enlisted in the Marine Corp and entered active duty on 12
September 1989, You received nonjudicial punishment and were
convicted by a summary court-martial. Your offenses were two
periods of unauthorized absence (UA) totaling 48 days. 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 25 February 1991, you received an under conditions
OTH discharge due to misconduct, and were assigned an RE-4 (not
recommended for retention) reentry code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth and
current desire for a discharge upgrade. The Board concluded,
however, that your discharge should not be upgraded due to your
lengthy UA. The Board found that you waived your right to an
ADB, your best opportunity for retention or a better
characterization of service. You are advised that no discharge
is automatically uggraded due merely to the passage of time or
post service good donduct . In view of the above, your
application has been gdenied. 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,
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A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 June 2011. Your allegations of error and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. 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.
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NAVY | BCNR | CY2010 | 12477-10
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 15 August 1984, you received the OTH discharge for misconduct (drug abuse). 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.
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A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 April 2011. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...