DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BUG
Docket No: 8236-13
4 September 2014
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 4 September 2014. 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 a period of active
duty on 5 July 1978. You received nonjudicial punishment on
five occasions and were arrested by civil authorities. Your
offenses included wrongful possession of Marijuana (two
instances), unauthorized absence (four periods totaling eight
days), failure to obey a lawful order, illegal possession of
fireworks in the barracks, and larceny of government property.
You were then notified of pending administrative separation
processing with an under other than honorable (OTH) conditions
characterization of service due to misconduct. You elected to
exercise your procedural right to have your case considered by
an administrative discharge board (ADB). The ADB found that you
had committed misconduct, and recommended that you receive an
OTH characterization of service. On 15 May 1982, you were
discharged with an OTH characterization of service due to
misconduct, and assigned an RE-4 (not recommended for retention)
reenlistment code. .
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth, medical
issues, and current desire to upgrade your characterization of
' service. However, the Board concluded that your discharge
should not be changed due to your numerous acts of misconduct.
You are advised that no discharge is upgraded automatically due
merely 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,
ROBERT J. O'NEILL
Executive Director
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