DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX CRS
WASHINGTON DC 20370-5100 Docket No: 1632-08
14 May 2009
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 6 May 2009. 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.
The Board found that you enlisted in the Marine Corps on 31 March
2983. You received two noniudicial punishments and were
convicted by a general court-martial for offenses that included
unauthorized absences and possession of marijuana.
Although the discharge processing documents are not in your
record, it appears that your commanding officer recommended that
you be separated with a discharge under other than honorable
conditions by reason of misconduct due to a pattern of
misconduct. You were separated from the Marine Corps by reason
of misconduct on 23 May 1983 with a discharge under other than
honorable conditions.
The Board did not accept your contention to the effect that you
were held on active duty beyond your expiration of active
obligated service date. It noted that your obligated service was
properly extended for approximately four months so that you could
make up the time lost you incurred as a result of your
unauthorized absences and confinement. The Board concluded that
your service was properly characterized by a discharge under .
other than honorable conditions, and that you have not
demonstrated that it. would be jin the interest of justice for it
to upgrade your discharge as a matter of clemency. 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,
RS KN nme
ROBERT D.““ZSALMAN
Acting Executive Director
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