DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 3178-05
24 October 2005
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 18
October 2005. 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 31 October 1978 at age 18. Nearly
two years later, on 6 August 1980, you were counselled regarding your
inability to carry out designated assignments, sleeping on duty,
indifference toward your personal appearance, and tardiness.
On 24 April 1981 you received nonjudicial punishment (NJP) for two
periods of failure to go to your appointed place of duty and were
awarded reduction to paygrade E-3 and a $600 forfeiture of pay. A
portion of the punishment was suspended for six months. On 23 June
1981 you were again counselled regarding your indifference toward
your personal appearance and failure to go to your appointed place of
duty. On 22 September and again on 16 October 1981 you received NJP
for four periods of failure to go to your appointed place of duty.
On 2 February 1982 you were convicted by summary court-martial (SCM) of
absence from your appointed place of duty, nine periods of failure to go to
your appointed place of duty, disrespect, three specifications of
disobedience, and wrongful consumption of alcohol. You were sentenced to
confinement at hard labor for 30 days and a $360 forfeiture of pay.
On 22 March 1982 you were notified of pending administrative separation
action by reason of misconduct due to frequent involvement of a
discreditable nature with civilian or military authorities. Subsequently,
after consulting with legal counsel, you waived your right to present your
case to an administrative discharge board. Your commanding officer
recommended separation by reason of misconduct due to frequent involvement
of a discreditable nature with civilian or military authorities. On 13 May
1982 the discharge authority approved this recommendation and directed an
other than honorable discharge, and you were so discharged on 24 May 1982.
The Board, in its review of your entire record and application, carefully
weighed all potentially mitigating factors, such as your youth, period of
good service, and supporting documentation. Nevertheless, the Board
concluded these factors were not sufficient to warrant recharacterization
of your discharge because of the seriousness of your repetitive misconduct
which resulted in three NJPs and a court-martial conviction. 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 PF:
Executive Director
2
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