DEPARTMENT OF THE.NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 7844-07
4 September 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 LO a2 x
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 3 September 2008. Your allegations of error and
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 30 December 1981 at age 18
and served without disciplinary incident until 14 January 1983,
when you received nonjudicial punishment (NJP) for absence from
your appointed place of duty. On 20 April 1983 you received NUP
for two periods of absence from your appointed place of duty and
destroying government property. The punishment imposed was a
$300 forfeiture of pay, extra duty and restriction for 45 days,
and reduction to paygrade E-1. About three months later, on 28
July 1983, you were convicted by summary court-martial (SCM) of
three periods of unauthorized absence (UA) totalling 47 days and
sentenced to confinement at hard labor for 25 days and a $250
forfeiture of pay.
On 18 August 1983, you were notified of pending administrative
separation action by reason of misconduct due to a pattern of
misconduct. At that time you waived your right to consult with
legal counsel and to present your case to an administrative
discharge board (ADB). Subsequently, your commanding officer
recommended discharge under other than honorable conditions by
reason of misconduct due to a pattern of misconduct. The
other than honorable discharge, and on 15 September 1983 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 have your discharge upgraded so that you
may obtain medical benefits. 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 two 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 PFETS
Executive Di
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