DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 7244-08
27 March 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
25 March 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 27 April 1972, you enlisted in the Marine Corps at age 17 with
parental consent. On 23 January 1973, you had nonjudicial for two
instances of unauthorized absence (UA) totaling 12 days. On
15 February 1973, you were convicted by a summary court-martial (SCM)
of two instances of UA totaling seven days and three instances of
failure to go to your appointed place of duty. On 3 April 1973,
you were counseled regarding your misconduct and warned that
further infractions could result in administrative separation.
On 2 May 1973, you were convicted by a SCM of going from your
appointed place of duty, one day of UA, two instances of failure to
go to your appointed place of duty, and disobedience of a lawful
order. On 16 May 1973, you were given a verbal reprimand for
disobedience of a lawful order.
On 16 May 1973, your commanding officer initiated administrative
separation by reason of unfitness due to frequent discreditable
involvement. In connection with this processing, you acknowledged
that separation could result in an undesirable discharge (UD) and
waived the right to have your case heard by an administrative
discharge board (ADB). On 19 June 1973, the separation authority
approved the recommendation and directed a UD by reason
of unfitness due to frequent discreditable involvement.
On 29 June 1973, 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
explanation regarding your offenses. Nevertheless, the Board
concluded that these factors and explanation 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 separation. The
Board also noted that you waived the right to have your case heard by
an ADB, which was 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,
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