DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TUR
Docket No: 4673-11
10 February 2012
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 7 February 2012. The names and votes of the
members of the panel will be furnished upon request. 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 on 19 January 1983 at age 19.
You served without disciplinary incident until 3 August 1983,
when you received nonjudicial punishment (NUP) for disobedience.
About a year later, on 26 July and again on 20 September 1984,
you received NJP for wrongful use of marijuana and driving with a
revoked license.
Subsequently, you were processed for an administrative separation
by reason of misconduct due to minor disciplinary infractions.
After waiving your right to consult with legal counsel and to
present your case to an administrative discharge board (ADB), on
21 September 1984, your commanding officer recommended separation
under other than honorable conditions. Subsequently, the
discharge authority directed your commanding officer to issue you
an other than honorable discharge by reason of misconduct, and on
15 October 1984, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade your discharge. It also
considered your assertion that your marital problems resulted in
your misconduct. Nevertheless, the Board concluded these factors
were not sufficient to warrant recharacterization of your
discharge because of your repetitive misconduct which also
included drug abuse. Accordingly, your application has been
denied.
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,
Ld Nensebedl
W. DEAN PFHIF
Executive DYreét
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