DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 06575-07
28 May 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 21 May 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 10 August 1972 at age 17.
On 27 March and 24 May 1973, you received nonjudicial punishment
(NIP) for two periods of unauthorized absence (UA), totaling
three days, and sleeping on post.
On 22 June 1973, you began a period of UA that lasted 46 days,
ending on 7 August 1973. Based on the information currently
contained in your record it appears that you submitted a written
request for a good of the service discharge in order to avoid
trial by court-martial for the UA period. ‘However, your request
was disapproved on 12 October 1973, and on 19 November 1973, you
were convicted by special court-martial (SPCM) of a 46 day period
of UA, disrespect, and two instances of disobedience. You were
sentenced to confinement at hard labor and a forfeiture of pay.
On 14 May 1974, you were counseled and warned that further
misconduct could result in administrative discharge action. ~
During the period from 17 May 1974 to 15 April 1975, you received
three additional NUJP’s for disobedience, two specifications of
failure to go to your appointed place of duty, and six instances
of absence from your appointed place of duty.
On 26 June 1975, 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 an administrative discharge board (ADB). The discharge
authority then directed discharge under other than honorable
conditions by reason of misconduct. You were so discharged on
29 July 1975.
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 five NUJP’s, three of
which were imposed after you were counseled and warned about the
consequences of further misconduct, and conviction by SPCM for a
lengthy period of UA. The Board also noted that you waived an
ADB, 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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