DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 4499-08
6 February 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 4 February 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.
On 4 January 1973, you enlisted in the Marine Corps at age
20. During the period 1 September 1973 to 14 August 1974,
you had nonjudicial punishment (NUP) on three occasions and
were convicted by a summary court-martial. Your offenses
included three instances of failure to go to your appointed
place of duty and willful disobedience of a lawful order. On
24 December 1974, you were counseled regarding deficiencies in
your performance and conduct. You then served without incident
until 19 February 1976, when you were convicted by a special
court-martial (SPCM) of disobedience of a lawful order, use of
marijuana, and a three day period of unauthorized absence (UA).
On 3 June 1976, you were counseled regarding deficiencies in
your performance and conduct and warned that further
infractions could result in disciplinary action or an
undesirable discharge (UD).
On 29 June 1976, you had NUP for willful disobedience of a
lawful order. During the period 3 to 27 July 1976, you were in
a UA status on two occasions that totaled about 15 days. On
6 August 1976, you requested a UD for the good of the service
to avoid trial by court-martial for charges of two instances of
UA that totaled 15 days, disobedience of a lawful order, damage
of personal property, and breaking restriction. The separation
authority subsequently denied your request and you were
convicted by a SPCM on 12 August 1976, for the offenses for
which you were charged. Your sentence included confinement at
hard labor, forfeitures of pay, and a bad conduct discharge
(BCD). On 10 March 1977, your request for clemency and
restoration to duty was denied. After the BCD was approved at
all levels of review, on 28 November 1977, 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 regret for your misconduct. Nevertheless, the Board
concluded that these factors were not sufficient to warrant
recharacterization of your discharge due to the seriousness of
your repetitive misconduct. 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,
Executive Dir
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