DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 10203-02
8 September 2003
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 September 2003.
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 19 February 1978 at age 17.
You served for a year and two months without disciplinary
incident, but on 18 April and again on 6 September 1979 you
received nonjudicial punishment
from your appointed place of duty and disobedience.
October 1979 you were convicted by summary court-martial (SCM) of
disobedience and disrespect.
at hard labor for 30 days and a $200 forfeiture of pay.
On 25 January 1980 you received NJP for absence from your
appointed place of duty and were awarded a $98 forfeiture of pay.
On 19 March 1980 you were convicted by SCM of absence from your
appointed place of duty, disobedience, and dereliction in your
performance of duty.
YOU were sentenced to a $295 forfeiture of
pay, confinement at hard labor for 15 days, and restriction for
30 days.
On 4 August 1980 you were convicted by SCM of absence
You were sentenced to confinement
(NJP) for two periods of absence
On 25
You were sentenced to
(UA) totalling eight days.
from your appointed place of duty and two periods of unauthorized
absence
confinement at hard labor for 30 days and a $298 forfeiture of
pay-
Subsequently, you were notified of pending administrative
separation action by reason of misconduct due to frequent
involvement of a discreditable nature with military authorities.
At that time you waived your right to consult with legal counsel
and to present your case to an administrative discharge board.
On 11 August 1980 your commanding officer recommended an other
than honorable discharge by reason of misconduct due a frequent
involvement of a discreditable nature with military authorities.
This recommendation further stated as follows:
(Member) is a constant source of discipline and conduct
problems.... demonstrated a complete disregard for the
military way of life....
counselling received no attention.... he is destined to
repeated misconduct by his own choice.... has not shown any
self-discipline, pride, or motivation.... has demonstrated
no desire to perform as team member nor is he trusted by his
peers.
repeated formal
& informal
On 20 August 1980 the discharge authority directed an other than
honorable discharge by reason of misconduct, and on 24 August
1980 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 immaturity and your contention that your attitude
Nevertheless, the Board
and actions merit an upgraded discharge.
concluded these factors and contention were not sufficient to
warrant recharacterization of your discharge because of your
repetitive misconduct which resulted in three
NJPs and three
Further, the Board noted that the
court-martial convictions.
record shows that you were given an opportunity to defend
yourself, but waived your procedural rights.
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
You are entitled to have the
favorable action cannot be taken.
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.
Accordingly, your
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,
3
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