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NAVY | BCNR | CY2002 | 10960-02
Original file (10960-02.pdf) Auto-classification: Denied
DEPARTMENT OF THE  NAVY 

BOARD  FOR  CORRECTION O F N A V A L  RECORDS 

2  NAVY  ANNEX 

WASHINGTON  DC  20370-5100 

TJR 
Docket No: 10960-02 
16 October 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 15 October 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 28 August  1978 at age 19. 
You served without disciplinary incident until 29 June 1979, when 
you received nonjudicial punishment  (NJP) for failure to go to 
your appointed place of duty and failure to obey a lawful order. 
The punishment imposed was a $100 forfeiture of pay and 
restriction and extra duty for seven days.  On 19 September and 
again on 26 October 1979 you received NJP for failure to obey a 
lawful order, disrespect, and two instances of failure to go to 
your appointed place of duty. 

During the period from 18 to 22 August 1980 you were in an 
unauthorized absence (UA) status for a total of four days, 
however, the record does not reflect that any disciplinary action 
was taken for this period of UA. 

On 8 January 1981 you were convicted by summary court-martial 
(SCM) of a 66 day period of UA and sentenced to confinement for 

30 days and a $50 forfeiture of pay.  On 30 April 1981 you were 
convicted by SCM of three periods of UA totalling 50 days.  You 
were sentenced to confinement at hard labor for 30 days, 
reduction to paygrade E-1, and a $250 forfeiture of pay. 

On 28 July 1981 your commanding officer submitted a written 
request for authorization to process you for separation based on 
your record of misconduct.  This request stated, in part, as 
follows: 

Request administrative separation authorization by reason of 
misconduct due to frequent involvement of a discreditable 
nature with military authorities as evidenced by Member's 
record of three NJPs and two court-martial convictions. 
Member has failed to rise above E-1 .... has established a 
clear and unbroken pattern of recidivism regarding UA .... 
despite numerous counselling sessions he has shown himself 
unresponsive to all leadership efforts .... is considered 
incorrigible .... based on his record and apparent 
unwillingness to ameliorate his conduct and performance, a 
misconduct discharge is considered appropriate. 

On 12 August 1981 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. 
Subsequently, your commanding officer recommended an other than 
honorable discharge by reason of misconduct due a frequent 
involvement of a discreditable nature with military authorities. 
On 17 August 1981 you received a fourth NJP for two periods of UA 
totalling four days and were awarded restriction and extra duty 
for 14 days and a $80 forfeiture of pay.  Shortly thereafter, the 
discharge authority directed an other than honorable discharge by 
reason of misconduct, and on 15 October 1981 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 assertion that you were 
supposed to receive a medical discharge.  Nevertheless, the Board 
concluded these factors were not sufficient to warrant 
recharacterization of your discharge because of your repetitive 
misconduct which resulted in four NJPs and two court-martial 
convictions.  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 
existence of probable 

on the applicant to demonstrate the 
material error or injustice. 

Sincerely, 

Executive Dir 



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