DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 4716-08
12 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 11 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 23 August 1976, you enlisted in the Marine Corps at age 18.
During the period 17 January to 24 February 1977, you had
nonjudicial punishment (NJP) on two occasions and suspended
punishment from one of your NJP's was vacated. Your offenses
included two instances of unauthorized absence totaling about
33 days. On 10 April 1978, you requested an undesirable
discharge (UD) for the good of the service to avoid trial by
court-martial, but your request was denied, and you were
convicted by a special court-martial on 21 April 1978, of
willful disobedience of a lawful order, attempted larceny,
larceny, two instances of unlawful entry into the cubicle of
another Marine with the intent to commit a criminal offense,
and communicating a threat. Your sentence included confinement
at hard labor, reduction in rank, and a bad conduct discharge
(BCD). On 21 June 1978, you had NUP for your dishonorable
failure to pay a debt and disrespect. On 18 September 1978, a
medical evaluation found that you were not psychotic. You
subsequently waived the right to request restoration to duty.
After clemency was denied and the BCD was approved at all
levels of review, on 3 December 1979, 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 your mental health may have contributed to
your misconduct. Nevertheless, the Board concluded that these
factors were not sufficient to warrant recharacterization of
your service due to the seriousness of your misconduct.
Regarding your contention, there is no evidence in the record
to support it. But even if there were such evidence, it would
not excuse your 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.
Regarding your request for assistance, you should contact the
nearest office of the Department of Veterans Affairs if you
desire clarification about your eligibility for benefits.
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,
an RSS, fââ
ROBERT D. ZSALMAN
Acting Executive Director
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