DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
Docket No: 475-07
19 July 2007
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the 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 July 2007. 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.
On 22 January 1979 you enlisted in the Marine Corps at age 17 and
served without incident for about a year. On 24 January 1980 you
received nonjudicial punishment (NJP) for failure to obey a
lawful order. On 30 September 1980 you were counseled regarding
deficiencies in your performance and conduct, and were warned
that further infractions could result in disciplinary action.
On 6 October 1980 you began a period of unauthorized absence (UA)
that ended on 27 October 1980, a period of about 21 days. On
14 November 1980 you received NUP for this offense. On
12 December 1980 you were counseled regarding deficiencies in
your performance and conduct. On 28 December 1980 you were
convicted by summary court-martial (SCM) of two instances of
possession of marijuana. On 6 February and 21 May 1981 you
received NJP for possession of marijuana.
On 19 July 1981 your commanding officer (CO) initiated
administrative separation by reason of misconduct due to frequent
discreditable involvement. In connection with this processing,
you acknowledged that separation could result in an other than
honorable discharge and waived the right to have your case heard
by an administrative discharge board (ADB). On 6 August 1981 the
separation authority approved the discharge recommendation and
directed an other than honorable discharge by reason of
misconduct due to frequent discreditable involvement. on
25 August 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 desire for a better discharge. Nevertheless, the
Board concluded that these factors were not sufficient to warrant
recharacterization of your discharge due to the seriousness of
your repetitive misconduct. Finally, the Board noted that you
waived the right to have your case heard by an ADB, your best
opportunity for retention or a more favorable characterization of
service. Therefore, the Board concluded that the discharge was
proper as issued and no change is warranted.
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 Di
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