DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 8013-07
3 October 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 1 October 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 13 June 1969 at age 18 and
served without disciplinary incident until 8 July 1970, when you
received nonjudicial punishment (NOP) for absence from your
appointed place of duty. About five months later, on 13 December
1970, you received NJP for disrespect.
During the period from 16 January to 19 October 1971 you received
NIP on four more occasions for four periods of absence from your
appointed place of duty and disrespect. You were also convicted
by summary court-martial (SCM) on two occasions of nine periods
of absence from your appointed place of duty.
On 20 October 1971 you were notified of pending administrative
separation action by reason of unfitness due to frequent
involvement of a discreditable nature with military authorities.
after consulting with legal counsel, you elected to present your
case to an administrative discharge board (ADB). On 9 December
1971 an ADB recommended discharge under honorable conditions by
reason of unfitness due to frequent involvement of a
discreditable nature with military authorities. However, your
commanding officer did not concur with the recommendation of the
ADB and recommended an undesirable discharge. On 16 December
1971 you received your seventh NIP for disobedience and being on
liberty without the proper identification card. The punishment
imposed was extra duty and restriction for 14 days. Shortly
thereafter, the discharge authority directed a general discharge
by reason of unfitness, and on 23 December 1971 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 assertions that your discharge has caused you
anguish, since being discharged you have become suicidal, and
your problems started when you were notified of your mother’s
illness. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of your repetitive misconduct, which resulted in seven
NJPs and two court-martial convictions. 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,
i
W. DEAN PFE
Executive Dil xr
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