DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 598-08
28 August 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 27 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
On 25 May 1978, you enlisted in the Marine Corps at age 17 with
parental consent. During the period 11 December 1978 to
15 July 1980, you had three nonjudicial punishments (NUP’s) and
were convicted by a summary court-martial. Your offenses
included possession of alcohol in the barracks, possession of
marijuana, sleeping on post, a day of unauthorized absence
(UA), absence from your appointed place of duty, disobedience
of a lawful order, and violation of uniform regulations. On
20 October 1980, you were counseled regarding deficiencies in
your performance and conduct and warned that further
infractions could result in disciplinary action. on
29 April 1981, you had NUP for a four hour period of UA. On
1 May 1981, you were counseled regarding your frequent
misconduct and warned that further infractions could result
in administrative separation. On 15 May 1981, you had NJP for
willful disobedience of a lawful order.
On 15 May 1981, 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 24 June 1981, the separation authority approved the
discharge recommendation and directed an OTH discharge by
reason of misconduct due to frequent discreditable involvement.
On 2 July 1981, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth
and contention that the characterization is too harsh.
Nevertheless, the Board concluded that these factors and
contention were not sufficient to warrant recharacterization of
your discharge due to the seriousness of your misconduct that
continued even after you were warned that further infractions
could result in administrative separation. 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,
\W2don2
W. DEAN P
Executive tor
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