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NAVY | BCNR | CY2011 | 01317-11
Original file (01317-11.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX
WASHINGTON DG 20370-5100

 

BIG
Docket No: 1317-11
1 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 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 29
March 1982. You received nonjudicial punishment on three
occasions and were convicted by a summary court-martial. Your
offenses included unauthorized absence (two specifications) ,
wrongfully using marijuana, wrongfully possessing and consuming
alcoholic beverages in the barracks, assault, and drunk and
disorderly conduct. 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 19 March 1984, 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, desire
to upgrade your discharge, and alleged mental health issues.
The Board concluded, however, that your discharge should not be
changed due to 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. The Board

' noted that there is no evidence in the record to support your

allegation, and you provided no such evidence. 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 ali 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,

\pMon.Q,,

W. DEAN PFEIF

Executive Dir

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