DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 03815-11
15 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 14 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 10 November 1980. The Board found that you received
three nonjudicial punishments (NJP’s) for having an open
container of beer while driving your automobile, failing a
sobriety test, and two instances of disobedience. Additionally,
you were counseled and warned on more than one occasion that
continued misconduct could result in administrative discharge
action. Subsequently, administrative discharge action was
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). 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. You were so discharged on 11 April 1984.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
record of service. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of
your discharge given your three NJP’s, and the fact that you
were counseled and warned on several occasions of the
consequences of further misconduct. Accordingly, your
application has been denied. The names and votes of the members
of the panel will be furnished upon request.
With regard to your Good Conduct certificate, you may contact
the Headquarters, United States Marine Corps, Military Awards
Branch (MMER), 3280 Russell Road, Quantico, Virginia 22134-5103
to request that an administrative correction be made.
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,
loony
W. DEAN P
Executive ie
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