DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 9388-07
6 November 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 5 November 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 Reserve on 4 April 1973 at age
17 and began a period of active duty on 14 December 1973. You
served for a year without disciplinary incident, but during the
period from 12 April to 4 November 1974 you received nonjudicial
punishment (NJP) on four occasions for a four day period of
unauthorized absence (UA), two periods of absence from your
appointed place of duty, failure to obey a lawful order, four
specifications of disrespect, and communicating a threat.
On 22 January 1975 you received NUP for six periods of absence
from your appointed place of duty and were awarded a $200
forfeiture of pay. Subsequently, on 28 July 1975, 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 5 August 1975 you received your sixth NUP for
Failure to obey a lawful order and were awarded a $50 forfeiture
of pay and restriction for 14 days.
Subsequently, 2 September 1975, 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 recommended discharge under
other than honorable conditions. Nonetheless, on 11 September
1975, the discharge authority directed discharge under honorable
conditions by reason of unfitness, and on 17 September 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 and desire to upgrade your discharge. It also
considered your assertion that you were told that your discharge
would be upgraded two or three years after you were discharged.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of your frequent and repetitive misconduct which resulted
in six NJPs. Further, no discharge is upgraded due solely to an
individual’s good post service or the passage of time.
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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