DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SION
Docket No: 00922-11
2 November 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 1 November 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 a period of active
duty on 28 August 1980. The Board found that during the period
from 12 March 1981 to 23 June 1983, you received seven
-nonjudicial punishments (NUJP’s) for two instances of
disobedience, disrespectful language, six periods of unauthorized
absence totaling 48 days, and failure to go to your appointed
place of duty. Additionally, after your third NJP, you were
counseled after testing positive for wrongful use of marijuana,
and warned that further misconduct could result in administrative
discharge action. Subsequently, administrative discharge action
was initiated by reason of misconduct due to a pattern of
misconduct. You waived your rights to consult counsel, submit a
statement or have your case heard by an administrative discharge
board (ADB). Your case was forwarded recommending that you be
discharged under other than honorable (OTH) conditions by reason
of misconduct. The discharge authority concurred and directed an
OTH discharge by reason of misconduct due to a pattern of
misconduct. You were so discharged on 4 August 1983.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service, and post service accomplishments. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given your seven NJP’s
and the fact that you were counseled and warned on several
‘occasions of the consequences of further misconduct. Further,
the Board noted that you waived the right to an ADB, your best
opportunity for retention or a better characterization of
service. 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,
\e
WwW. D
Executive Di
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