DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

TRG
										Docket No: 10247-06 
										26 February 2008

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 20 February 2008. Your allegations of error and injustices e were reviewed in accordance with the  administration regulations and procedures applicable 1:o 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 on 30 December 1982 at age 20. During the period from 30 August 1983 to 28 December 1983, you received nonjudicial punishment on four occasions. Your offenses were sleeping on post, possession of marijuana, four absences from your appointed place of duty and two instances of disobedience.

Based on the foregoing record, you were processed for an administrative discharge by reason of misconduct. In connection with this processing, you elected to waive the right to have your case heard by an administrative discharge board. After review, the discharge authority directed discharge under other than honorable conditions and you were so discharged on 20 January
1984.

In its review of your application the Board carefully weighed all potentially mitigating factors, such as your youth and contention that you were improperly forced to work after you were injured. The Board found that these factors and contentions were not sufficient to warrant recharacterization of your discharge given your record of misconduct. There is no documentation in your record to show that you were injured while on active duty or that the injury was so severe that it would mitigate your record of misconduct. The Board concluded that the discharge was proper as issued and no change is warranted.

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,

	W. DEAN PFEIFFER
					 Executive Director