DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 03980-07
4 February 2008
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 24 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 1 February 1977 at age 19.
During the period from 22 February 1978 to 29 November 1979
you received eight nonjudicial punishment’s (NJP’s) for five
instances of disobedience, breaking restriction, possessing a
smoking device that contained trace amounts of Marijuana, a
two-day period of unauthorized absence (UA), dereliction of duty,
disrespect, and two instances of absence from your appointed
place of duty.
You were notified of pending administrative separation action by
reason of misconduct due to frequent involvement of a
discreditable nature with military authorities. After being
advised of your procedural rights, you waived the right to have
your case heard by a board of officers. On 6 February 1980, the
discharge authority directed discharge under other than honorable
conditions by reason of misconduct. You were so discharged on
20 February 1980.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and overall record of service. Nevertheless, the
Board found that these factors were not sufficient to warrant any
change in your discharge because of the eight NUJP’s, one of which
was for possession of drug paraphernalia, and the fact that you
were counseled and warned about the consequences of further
misconduct. The Board also noted that you waived your right to
have your case heard by a board of officers, your best chance for
retention or a better characterization of service. 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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