DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 10464-07
19 September 2008
e to your application
t cto the provisions 0
section 1552.
This is in referenc
naval record pursuan
United States Code,
Board for Correction of Naval
considered your
your allegations of erro
ordance with administrative
je to the proceedings of this
by the Board consisted
A three-member pan
Records, sitting i
application on 21 August 2008.
injustice were reviewed in acc
regulations and procedures applicab
Board. Documentary material considered
of your application, together with all
support thereof, your naval record and applicable sta
regulations and policies.
and conscientious consideration of the entire
ara found that the evidence submitted was
ablish the existence of probable material
After careful
record, the Bo
snsufficient to est
error or injustice.
ou enlisted in the Marine Corps on 31 July
during your enlistment,
The Board found that y
one
1977. You sncurred 444 days time lost
as a result of nine periods of unauthorized absence (UA),
period of confinement, and your incarceration by civil
authorities. You received nonjudicial punishment on four
occasions, for offenses that included UA, dereliction of duty,
wrongful possession of marijuana, and failure to obey a lawful
and were convicted by special court martial on 10
975 of escape from correctional custody and three
periods of UA. On 29 July 1976, you were convicted by civil
authorities of burglary, and sentenced to imprisonment for a
period of one to five years.
On 1 October 1976, your commanding officer recommended that you
be discharged by reason of misconduct/civilian conviction. On 15
November 1976, after being advised of your rights in connection
with the proposed discharge, you acknowledged that you
understood those rights, and waived your rights consultation
with and representation by counsel, as well as consideration of
your case by an administrative discharge board. You were
discharged by reason of misconduct/civil conviction on 28
January 1977, with a discharge under other than honorable
conditions.
The Board concluded that the absence of the printed name, rank
and official capacity of a witness from several discharge
processing documents does not amount to a material error or
injustice. The forms were completed and acknowledged by you and
establish that that you were fully advised of your rights in
connection with your proposed discharge. There is no indication
in your application or the available records that you did not
understand your rights.
The Board noted that although you had knee condition which may
have rendered you unfit for duty, you were not entitled to be
separated or retired by reason of physical disability, because
your Gischarge by reason of misconduct took precedence over and
precluded further disability processing in your case.
Accordingly, and as you have not demonstrated that it would be
in the interest of justice for the Board to upgrade your
discharge, 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,
2 a Me Ga
ROBERT D. SALMAN
Acting Executive Director
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