DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BUG
Docket No: 1075-13
22 October 2013
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 22 October 2013. 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Marine Corps and entered active duty on 12
December 1983. You received nonjudicial punishment, and were
convicted by two summary courts-martial and a special court-
martial. Youtoffenses included absence from your appointed
place of duty, and unauthorized absence (four periods totaling
74 days). You were then notified that your commanding officer
was recommending you for administrative separation with an other
than honorable (OTH) characterization of service discharge due
to misconduct. You waived your procedural right to an
administrative discharge board (ADB). On 30 January 1987, you
received an OTH characterization of service discharge due to
misconduct, and were assigned an RE-4 (not recommended for
reenlistment) reentry code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth, marital
problems, and current desire to upgrade your discharge.
However, the Board concluded that your discharge should not be
changed due to your numerous acts of misconduct. The Board
particularly noted that you waived the right to an ADB, your
best opportunity for retention or a better characterization of
service. You are advised that no discharge is upgraded
automatically due solely to the passage of time or post service
good conduct. In view of the above, 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 geo’
W. DEAN PFEITRF
Executive Director
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