DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
TUR
Docket No: 8041-08
14 July 2009
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 7 July 2009. The names and votes of the members
of the panel will be furnished upon request. 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 14 August 1981 at age 23 and
began a period of active duty on 15 September 1981. You served
for seven months without disciplinary infraction, but on 28 July
1982, you were convicted by special court-martial (SPCM) of a 119
day period of unauthorized absence (UA). On 24 November and
again on 20 December 1982 you received nonjudicial punishment
(NTP) for disobedience, three periods of absence from your
appointed place of duty, a three day period of UA, and breaking
restriction.
On 13 January 1983 you were notified of pending administrative
Separation action by reason of misconduct due to a pattern of
misconduct. At that time you waived your right to consult with
legal counsel and to present your case to an administrative
discharge board (ADB). Subsequently, your commanding officer
recommended an other than honorable discharge by reason of
misconduct due to a pattern of misconduct. On 14 January 1983
the discharge authority approved this recommendation and directed
your commanding officer to issue you an other than honorable
‘discharge by reason of misconduct, and on 31 January 1983 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 and desire to upgrade your discharge. It also
considered the documentation provided in support of your case.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your repetitive misconduct which
resulted in two NUPs and a court-martial conviction. Further,
you were given an opportunity to defend yourself, but waived your
procedural right to consult with legal counsel and to present
your case to an ADB. Accordingly, your application has been
denied.
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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