DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 02359-08
24 November 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 5 November 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 30 August 1972, and during
the next two years, you received six nonjudicial punishments.
Your offenses included unauthorized absence, failure to obey a
lawful order, misbehavior of a sentinel, and housebreaking.
On 28 November 1974, you were recommended for separation with an
other than honorable (OTH) by reason of unfitness due to frequent
involvement of a discreditable nature with military authorities.
You were provided the opportunity to consult with legal counsel
and have an administrative discharge board (ADB) review your
case. Your ADB was conducted on 23 January 1975, and found
sufficient evidence to find that you were unfit for military
service due to the frequency of your misconduct. On
3 February 1975, the separation authority approved the OTH
recommendation, and an RE-4 reenlistment code, and on 7 February
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, post service conduct, mental health records, and the
passage of time. 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,
Ww. DEAN PEER F
Executive DN
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