DEPARTMENT OF THE NAVY
BOARD FORCORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 142-03
31 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 28 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 6 December 1978 at age 18.
On 7 August 1979, after undergoing a psychiatric evaluation, you
were diagnosed with an antisocial personality disorder.
The
following day, on 9 August 1979, you were convicted by summary
court-martial (SCM) of a two day period of unauthorized absence
(UA), failure to obey lawful order, damaging government property,
and destruction of government property.
You were sentenced to
confinement at hard labor for 30 days,
paygrade E-l,
and an $279 forfeiture of pay.
On 21 September 1979 you received
nonjudicial punishment
duty and restriction for 30 days,
days.
(NJP) for assault and were awarded extra
reduction to
which was suspended for 30
On 24
You were sentenced to confinement at hard
During the period from 20 February to 19 June 1980 you received
NJP on three more occasions for absence from your appointed place
of duty, two specifications of insubordination, damaging
government property, assault, and disorderly conduct.
September 1980 you were convicted by SCM of resisting arrest and
disorderly conduct.
labor for 30 days and a $224 forfeiture of pay.
On 25 September 1980 you were notified of pending administrative
separation action by reason of misconduct due to frequent
involvement of a discreditable nature with military authorities.
After consulting with legal counsel you elected to present your
case to an administrative discharge board (ADB).
On 16 October
1980 an ADB recommended discharge under other than honorable
conditions by reason of misconduct.
Your commanding officer also
recommended separation under other than honorable conditions by
reason of misconduct.
On 2 and 4 December 1989, following medical evaluations, you were
diagnosed with alcohol abuse and habitual alcoholism without drug
involvement.
At that time you refused rehabilitation, and the
medical officer stated that you were not amenable to treatment.
Subsequently, on 30 December 1980, the discharge authority
directed separation under other than honorable conditions by
reason of misconduct due to frequent involvement with military
authorities, and on 14 January 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 it has been
over 20 years since you were discharged and have since grown
considerably.
Nevertheless, the Board concluded these factors
were not sufficient to warrant recharacterization of your
discharge because of the repetitive misconduct which resulted in
four
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.
NJPs and two court-martial convictions.
2
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,
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