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NAVY | BCNR | CY2008 | 01130-08
Original file (01130-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

 

WASHINGTON DC 20370-5100

BAN
Docket No: 01130-08
9 September 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 9 September 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 22 March 1973 and served
without disciplinary incident until December 1974, when you
received a nonjudicial punishment (NJP) for insubordinate
conduct.

Shortly thereafter, you were charged and found guilty at the
following NJP’s: on 26 March 1974, unauthorized absence (UA) and
insubordinate conduct, on 23 May 1975, provoking speech or
gesture and dereliction of duty, and on 3 June 1975,
insubordinate conduct and loss of government property. In
November 1975, you were pending a special court-martial (SPCM)
for a UA. However, in September 1976, after consulting with
legal counsel, you requested an administrative separation for the
good of the service with an other than honorable (OTH) discharge
in lieu of a SPCM. On 5 October 1976, the separation authority
approved this request and directed an OTH discharge with a RE-4
reenlistment code, and on 13 October 1976, 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

The names and votes of the members of the panel will be furnished
upon request.

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, ;

   

Executive Di

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