DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJIR
Docket No: 2028-08
7 January 2009
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 January 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Marine Corps on 28 August 1974 and served for
nine months without disciplinary incident. However, during the
period from 16 May to 5 December 1975 you received nonjudicial
punishment (NJP) on six occasions for insubordination,
disrespect, disobedience, communicating a threat, absence from
your appointed place of duty, and four periods of unauthorized
absence (UA) totalling 15 days.
On 29 January 1976 you were convicted by summary court-martial
(SCM) of an 18 day period of UA and sentenced to a $100
forfeiture of pay and confinement at hard labor for 30 days.
Subsequently, you were processed for an administrative discharge
by reason of unfitness. However, an administrative discharge
board (ADB) recommended the discharge be suspended. On 4 June
1976 this recommendation was approved and the discharge authority
suspended the discharge for 12 months. Nonetheless, on 27 July
1976, you received NUP for absence from your appointed place of
duty, and on 10 September 1976 you were referred for a SCM due to
another period of absence from your appointed place of duty. On
14 September 1976 the discharge authority vacated the suspended
discharge. As a result, on 7 December 1976, your commanding
officer was directed to discharge you under other than honorable
conditions by reason of frequent involvement of a discreditable
nature with military authorities. On 17 December 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 and desire to have your discharge upgraded. It also
considered your assertion that your discharge was previously
upgraded. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
because of the seriousness of your repetitive misconduct, which
resulted in seven NUPs and a court-martial conviction. Finally,
the Board noted that you were given an opportunity to receive a
better characterization of service when your discharge was
suspended, but your misconduct continued, thus resulting in an
other than honorable discharge. 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,
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