DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
REC
Docket No: 03535-11
7 February 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 1 February 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 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 6 August 1979, at age 19. On 23 January 1980, you
received nonjudicial punishment (NJP) for being in an
unauthorized absence (UA) status for three days. On 7 April
1980, you received NUP for disobeying a lawful order, and being
disrespectful toward a senior noncommissioned officer. On 30
September 1980, you received NJP for failure to obey a lawful
order by having possession of 13 marijuana cigarettes. On 18
September 1981, you received NJP for failure to obey a lawful
order by having possession of three partially burned marijuana
cigarettes. On 21 September 1981, administrative separation
action was then initiated by reason of misconduct. You waived
your rights to consult counsel, submit a statement or have your
case heard by an administrative discharge board (ADB). However,
your misconduct continued and on 1 October 1981, you received
NIP for breaking restriction. Your commanding officer forwarded
his recommendation that you be discharged under other than
honorable (OTH) conditions by reason of misconduct. The
discharge authority directed an OTH discharge by reason of
misconduct. On 4 November 1981, you were discharged and
received an OTH characterization of service by reason of
misconduct. At that time you were assigned an RE-4 reenlistment
code.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, conduct,
and overall record of service. Nevertheless, the Board found
that these factors were not sufficient to warrant changing the
characterization of your discharge, given your record of five
NJP’s for misconduct. The Board noted that you waived your
right to an ADB, your best opportunity for retention or a better
characterization of service. You are advised that an RE-4
reenlistment code is required when an individual is discharged
for misconduct and is not recommended for retention.
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,
Lo Dons
W. DEAN P
Executive Ditecto
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