DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 11054-07
6 August 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 6 August 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 in November 1975 and served
without disciplinary incident until November 1976, when you
received nonjudicial punishment (NJP) for wrongful use of
marijuana.
Shortly thereafter, you received the following disciplinary
actions: In April 1977, a summary court-martial (SCM) for
unauthorized absence (UA), on 11 July 1977, NUP for being UA, and
on 14 July 1977, NUJP for breaking restriction. In September
1977, you received another SCM for UA and breaking restriction,
and finally in October 1977, you received yet another SCM for UA
and insubordinate behavior toward a warrant officer.
On 3 March 1978, you were notified of your processing for
administrative separation due to misconduct. You were advised of
your rights and having consulted with counsel, elected to retain
all of your rights. On 18 April 1978, you were sent to an
administrative separation board and were found to have committed
misconduct. You were recommended for discharge under other than
honorable conditions. On 8 May 1978, the discharge authority
approved these recommendations and directed a discharge under
other than honorable conditions, and on 8 May 1978, you were so
discharged.
The case was sent to the Naval Discharge Review Board (NDRB) on
11 July 1984 by the American Legion on your behalf. The case was
presented to NDRB on 4 January 1985 and denied.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, post service conduct, and the passage of time.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your misconduct. 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 client’s case are
such that favorable action cannot be taken. Your client is
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, C\
\as
W. DEAN ER
Executive Direetor
Copy to:
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