DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370.5100
TJR
Docket No: 1425-03
31 October 2003
B:
Dear
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 1 November 1978 at age 17.
During the period from 23 April to 1 November 1979 you received
(NJP) on four occasions for cheating, two
nonjudicial punishment
specifications of drinking in the barracks, a 28 day period of
unauthorized absence, and two periods of absence from your
appointed place of duty.
On 12 August 1980 you were counselled
regarding the misappropriation and unauthorized use of a weapon.
On 8 January 1982 you received NJP for two periods of absence
from your appointed place of duty and failure to obey a lawful
order.
20 days, reduction to
a portion of which was suspended for six months.
thereafter, on 18 January 1982, you were notified of pending
administrative separation action by reason of misconduct due to
frequent involvement of a discreditable nature with military
authorities.
legal counsel and to present your case to an administrative
discharge board.
The punishment imposed was restriction and extra duty for
paygrade E-l, and a $500 forfeiture of pay,
Shortly
At that time you waived your right to consult with
On 8 February 1982 your commanding officer
Subsequently, on 4 May 1982, the discharge
recommended separation under other than honorable conditions by
reason of misconduct.
authority directed separation under other than honorable
conditions by reason of misconduct due to frequent involvement
with military authorities,
and on 14 May 1982 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.
Nevertheless, the Board concluded
these factors were not sufficient to warrant recharacterization
of your discharge because of the repetitive misconduct which
resulted in five
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.
NJPs.
Sincerely,
Executive D
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