DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 2811-07
23 January 2008
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 23 January 2008. 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 December 1980 at age 17
and served for a year and four months without disciplinary
incident. However, on 23 April and 13 May 1982, you received
nonjudicial punishment (NJP) for a four day period of
unauthorized absence (UA) and absence from your appointed place
of duty.
On 29 August and again on 15 October 1983 you received NJP for
absence from your appointed place of duty and a 15 day period of
UA. About four months later, on 16 February 1984, you were
convicted by summary court-martial (SCM) of wrongful possession
of alcohol in the barracks. You were sentenced to confinement at
hard labor for 21 days and a $397 forfeiture of pay.
Subsequently, on 27 March 1984, you were notified of pending
administrative separation action by reason of misconduct due to a
pattern of misconduct. After consulting with legal counsel, you
elected to present your case to an administrative discharge board
(ADB). On 31 May 1984 an ADB recommended separation under other
than honorable conditions by reason of misconduct due toa
pattern of misconduct. On 2 June 1984 your commanding officer
also recommended separation under other than honorable conditions
by reason of misconduct due to a pattern of misconduct as
evidenced by four NJPs and one SCM. On 26 June 1984 the
discharge authority approved these recommendations and directed
an other than honorable discharge, and on 2 July 1984, you were
so separated.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, period of service without disciplinary incident, time
served in Beirut, post service conduct, and the passage of time.
It also considered your assertion that you were processed for
separation because you did not have enough time to serve on
deployment. 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 four NJPs and a court-martial conviction. Further,
there is no evidence in the record, and you submitted none, to
support your assertion. Finally, no discharge is automatically
upgraded due solely to the passage of time or an individual's
good post service conduct. 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,
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