DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
Docket No: 10133-07
26 June 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 25 June 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.
On 15 January 1980, you enlisted in the Marine Corps at age 17
with parental consent. During the period 14 April 1980 to
15 December 1981, you had two nonjudicial punishments and were
convicted by two summary courts-martial. Your offenses
included three instances of disobedience of a lawful order,
making a false official statement, two instances of
unauthorized absence totaling about a day, four instances of
failure to go to your appointed place of duty, and larceny.
On 29 January 1982, your commanding officer initiated
administrative separation by reason of misconduct due to
frequent discreditable involvement. In connection with this
processing, you acknowledged that separation could result in an
other than honorable (OTH) discharge and waived the right to
have your case heard by an administrative discharge board
(ADB). On 19 February 1982, the separation authority approved
the discharge recommendation and directed an OTH discharge by
reason of misconduct due to frequent discreditable involvement.
On 2 March 1982, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth.
The Board also considered your contentions that your offenses
were minor and may have been attributed to unaddressed
psychological problems. Nevertheless, the Board concluded that
these factors and contentions were not sufficient to warrant
recharacterization of your discharge due to the seriousness of
your misconduct. Furthermore, your contention of having
unaddressed psychological problems does not excuse misconduct.
The Board also noted that you waived the right to have your case
heard by an ADB, your best opportunity for retention or a more
favorable characterization of service. Therefore, the Board
concluded that the discharge was proper as issued and no change
is warranted. 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,
\ dea
W. DEAN PFE
Executive Di xr
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