DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 11060-07
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 on 31 May 1972 and served
without disciplinary incident until December 1972, when you
received a special court-martial (SPCM) for disrespect toward a
warrant officer and willfully disobeying a warrant officer.
Shortly thereafter, you were charged and found guilty at the
following nonjudicial punishments (NJP): On 29 May 1973,
unauthorized absence (UA), on 14 September 1973, UA and
insubordinate conduct toward a warrant officer, on 21 November
1973, disobeying a lawful order and finally on 25 April 1974,
reckless driving and UA. In March 1975, you were pending a SPCM
for UA (desertion), attempted assault, disrespect toward a
noncommissioned officer, and assault. However, on 24 February
1975, after consulting with legal counsel, you requested an
administrative separation for the good of the service with an
other than honorable discharge in lieu of a SPCM. On1 April
1975, the discharge authority approved this request and directed
an other than honorable discharge, and on 3 April 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. 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 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, 6
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