DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 3780-07
15 February 2008
“THis ts in reference to your apptication 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 12 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 14 April 1973 at age 17 and
served without disciplinary incident until 17 December 1973, when
you received nonjudicial punishment (NUP) for absence from your
appointed place of duty.
During the period from 5 February to 13 June 1974 you received
NJP on four more occasions for two periods of unauthorized
absence (UA) totalling four days, failure to go to your appointed
place of duty, absence from your appointed place of duty, and
five specifications of failure to obey a lawful order. On 17
October 1974 you were convicted by summary court-martial (SCM) of
a three day period of UA and sentenced to confinement for one
month and a $217.40 forfeiture of pay.
On 1 November 1974 you were notified of pending administrative
separation action by reason of misconduct due to frequent
involvement of a discreditable nature with military authorities.
At that time you waived your right to consult with legal counsel
and to present your case to an administrative discharge board
(ADB). On 5 December 1974 your commanding officer recommended an
other than honorable discharge by reason of misconduct due to
frequent involvement of a discreditable nature with military
authorities. On 15 January 1975 the discharge authority approved
this recommendation and directed an other than honorable
discharge, and on 24 January 1975 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, post service conduct, 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 five NJPs and a court-martial conviction. Finally,
you were given an opportunity to defend yourself, but waived your
procedural right to present your case to an ADB. 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 P
Executive D
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