DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7001S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SION
Docket No: 00537-12
24 October 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 23 October 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 2 February 1982. The Board found that during the period
from 18 January 1983 to 28 February 1984, you received four
nonjudicial punishments (NJP’s) for wrongfully altering a written
statement on a light-duty chit, destruction of government
property, being drunk on duty, disobedience, breaking
restriction, and being absent from your appointed place of duty.
Additionally, you were counseled and warned on more than one
occasion that further misconduct could result in administrative
discharge action. Subsequently, administrative discharge action
was initiated by reason of misconduct due to minor disciplinary
infractions. 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 separation authority concurred and directed
an OTH discharge by reason of misconduct due to minor
disciplinary infractions. On 25 September 1984, you were so
discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service and belief that your characterization of service would
automatically change six months after your discharge.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge given
your four NJP’s, and the fact that you were counseled and warned
of the consequences of further misconduct. The Board also noted
that you waived the right to an ADB, your best chance for
retention or a better characterization of service. Finally, you
are advised that there is no provision of law or in Navy
regulations that allows for recharacterization automatically
after six months or due solely to the passage of time.
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,
Re D © nie
ROBERT D a
Acting Executive Director
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