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NAVY | BCNR | CY2011 | 03441-11
Original file (03441-11.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

 

BJG
Docket No: 3441-11
19 January 2012

 

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 5 January 2012. 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 15

November 1978. You received nonjudicial punishment on five
occasions for failure to go to your appointed place of duty (two
specifications), three periods of unauthorized absence totaling

eight days, and wearing an improper uniform. You completed your
required period of active duty, were discharged with a general
characterization of service (type warranted by your service
record), 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
periods of honorable service. However, the Board concluded that
your discharge should not be changed because of your misconduct.
The Board noted that you were fortunate to receive a general
discharge, since individuals who have committed misconduct such
as yours normally receive an other than honorable
characterization of service. You are advised that no discharge
is 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,

Ranke

W. DEAN PFHIF
Executive he oO

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