DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SJN
Docket No: 10518-10
7 July 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.
RK three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 6 July 2011. Your allegations of error and
injustice were reviewed jn 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 a period of
active duty on 15 September 1977. During the period from 8
April 1981 to 2 June 1982, you received four nonjudicial
punishments (NJP’s) for two instances of disobedience and
four instances of being absent from your appointed place of
duty. Subsequently, your commanding officer notified you
that under the provisions of the expeditious discharge
program, separation action was being initiated by reason of
convenience of the government due to your frequent
involvement with military authorizes, Your casé was
forwarded and the discharge authority directed a general
discharge. On 11 August 1982 you were so discharged. At
that time, you were assigned an RE-4 reenlistment code and
not recommended for reenlistment.
The Board, in its review of your entire record and
application, carefully weighed all potentially mitigating
factors, such as your youth, record of service, and belief
that your characterization of service would change
automatically. Nevertheless, the Board concluded these
factors were not sufficient to warrant changing the reason
or characterization of your discharge given your four
NJP’s. The Board also noted that you were fortunate to
receive a general discharge since a discharge under other
than honorable conditions is often directed when an
individual is discharged for misconduct. Further, an RE-4
reenlistment code must be assigned to all Marines
discharged due to misconduct. Finally, you are advised
that there is no provision of law or in Navy regulations
that allows for recharacterization automatically after six
months or due solely to the passage of time. 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,
Weed
W. DEAN PF
Executive Ditetto
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