DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 2702-08
20 November 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
19 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 that the evidence submitted was insufficient to
establish the existence of probable material error or injustice.
On 16 February 1978, you enlisted in the Marine Corps at age 18. On
17 May 1979, you were counseled regarding your discreditable conduct
and warned that further infractions could result in disciplinary
action or administrative separation. During the period 14 June 1979
to 21 January 1981, you had nonjudicial punishment (NJP) on four
occasions and were convicted by a special court-martial. Your
offenses included larceny, absence from your appointed place of duty,
wrongful appropriation, two instances of unauthorized absence
totaling 24 days, failure to go to your appointed place of duty,
disobedience of a lawful order, missing the movement of your unit,
and two instances of disrespect.
On 28 January 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 2 April 1981, the
separation authority approved the discharge recommendation and
directed an OTH discharge by reason of misconduct due to frequent
discreditable involvement. On 17 April 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
desire for a better discharge. The Board also considered your
contention that you were discharged because of a personal conflict
with a superior. Nevertheless, the Board concluded that these
factors 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 discharge. Regarding your contention, there is no
evidence in the record to support it. The record does show that you
were discharged as a result of your misconduct that included four
NJP's and a court-martial conviction. 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,
W. DEAN PF
Executive Di
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