DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TJR
Docket No: 12970-11
4 October 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 3 October 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 25 July 1984 at age 18 and
immediately began a period of active duty. Shortly thereafter,
beginning in December 1984, you were the subject of counselling
on eight occasions due to your failure to follow instructions,
having incomplete homework, sleeping in class, reporting to
school late on four occasions, possessing and drinking alcoholic
beverages in the barracks, wrongful use of marijuana, reporting
for duty incapacitated as evidenced by your drinking prior to
reporting to work, continued alcohol abuse, sleeping on duty,
nonrecommendation for reenlistment/assignment of an RE-4
reenlistment code, not being recommended for promotion due to
frequent counselling, and being administratively processed for
separation due to unsuitability.
You served for 10 months without disciplinary incident, but
during the period from 2 May 1985 to 4 November 1986, you
received nonjudicial punishment (NJP) on four occasions for
disobedience, possessing and drinking liquor in the barracks,
absence from your appointed place of duty, failure to obey a
lawful order by not squaring away your uniform and polishing your
boots, and two periods of failure to go to your appointed place
of duty.
Subsequently, you were processed for an administrative separation
by reason of misconduct due to a pattern of misconduct and minor
disciplinary infractions. After waiving your procedural right to
consult with legal counsel and to present your case to an
administrative discharge board (ADB), on 5 January 1988, your
commanding officer recommended discharge under other than
honorable conditions by reason of misconduct due to a pattern of
misconduct and minor disciplinary infractions. The discharge
authority approved this recommendation and directed your
commanding officer to issue you an other than honorable discharge
by reason of misconduct, and on 10 February 1988, 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. Nevertheless,
the Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your frequent and repetitive misconduct which resulted in four
NJPs and counselling on eight occasions. Finally, you were given
an opportunity to defend yourself, but waived your procedural
right to present your case to an ADB. 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,
loPon€
W. DEAN PF F
Executive D oO
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