DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 2930-07
11 February 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 5 February 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 24 January 1975 at age 18.
You served for a year and two months without disciplinary
incident, but during the period from 8 March to 12 December 1976
you received nonjudicial punishment (NJP) on five occasions for
three periods of absence from your appointed place of duty,
disobedience, and three periods of failure to go to your
appointed place of duty.
On 21 January 1977 you received NUP for a seven day period of
unauthorized absence (UA) and absence from your appointed place
of duty. The punishment imposed was a reduction to paygrade EF-1.
On 14 April 1977 you were in a UA status for one day. However,
no disciplinary action was taken for this misconduct. About a
1977, you were notified of pending
elected to present your
(ADB), and to make a statement regarding your discharge. On 26
May 1977 you received your seventh NUP for absence from your
appointed place of duty and were awarded a $360 forfeiture of
pay, restriction for 25 days, and extra duty for 20 days.
On 28 July 1977, an ADB recommended separation under other than
honorable conditions by reason of misconduct due to frequent
involvement of a discreditable nature with military authorities.
Subsequently, your commanding officer also recommended an other
than honorable discharge by reason of misconduct due to frequent
involvement of a discreditable nature with military and civilian
authorities as evidenced by counselling for substandard
performance, tardiness, personal appearance, nonrecommendation
for promotion, frequent disciplinary involvement, failure to
report, and seven NUPs. The discharge authority approved these
recommendations and directed an other than honorable discharge,
and on 19 September 1977 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 to upgrade your discharge. 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 seven NUPs.
Accordingly, your application has been denied.
The names and votes of the members of the panel will be furnished
upon request.
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,
\o Non
W. DEAN PFAYF
Executive Dike r
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