DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5106
TAL
Docket No: 12441-10
12 August 2011
This is in reference to your application for correction of your
naval record pursuant to the provisions of titie 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 10 August 2011. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Boarg@. 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 28 August 1978 at age 18. On 19 November 1979, you
received nonjudicial punishment (NUP) for disobeying a lawful
general regulation by possessing hashish. On 25 April 1980, you
were convicted by summary court-martial (SCM) of unauthorized
absence (UA) from your unit. You received NUP on three
additional occasions for failure to go to your appointed place of
duty. You were notified of pending administrative discharge
processing with an other than honorable (OTH) discharge due to
misconduct. You waived all of your procedural rights, including
your right to an administrative discharge aboard (ADB).
On 24 December 1980, you received the OTH discharge for
misconduct (frequent involvement).
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct that
resulted in four NPs and a SCM. The Board noted that you waived
the right to an ADB, your best chance for retention or a better
characterization of service. Finally, the Board noted you were
diagnosed with pseudofolliculitis barbae. A medical problem is
not a mitigating factor for misconduct, so disciplinary action
and administrative separation are appropriate. 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,
\y DearPou]
W. DEAN PFE
Executive D c
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