DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 11798-1090
3 August 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 2 August 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 alli 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 Corps and entered active duty on 10
July 1979. You received nonjudicial punishment on six
occasions and were convicted by a summary court-martial. Your
offenses included failure to go to your appointed place of duty
(two specifications), absence from your appointed place of duty
(three specifications), failure to obey a lawful order (two
specifications), dereliction of duty, unauthorized absence
(five specifications totaling 68 days), failure to report an
offense, and wrongfully possessing alcoholic beverages. You
were then notified that your commanding officer was
recommending you for administrative separation with an other
than honorable (OTH) characterization of service due to
misconduct. You waived all of your procedural rights,
including your right to an administrative discharge board
(ADB). On 10 June 1982, you received an OTH characterization
of service due to misconduct, and were 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
current desire to upgrade your discharge. The Board concluded,
however, that your discharge should not be upgraded due to your
numerous acts of misconduct. 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 upgraded 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,
Loan
W. DEAN P
Executive Digje x
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