DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
‘SIUN
Docket No: 08168-08
7 July 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 1 July 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Marine Corps and began a period of active
duty on 24 October 1974 at age 18. During the period from
S$ June to 13 December 1975, you received five nonjudicial
punishments (NUP’s) for two instances of absence from your
appointed place of duty, five instances of disobedience, three
instances of sleeping on post, larceny, two periods of
unauthorized absence (UA) totaling three days, and disrespect.
Additionally, you were counseled and warned that further
misconduct could result in administrative discharge action.
On 13 December 1975, you were convicted by summary court-martial
(SCM) of five days of UA, two specifications of absence from your
appointed place of duty, and disobedience. You were sentenced to
a forfeiture of pay and confinement at hard labor.
On 25 March 1976, you were processed for an administrative
discharge by reason of unfitness due to frequent involvement.
On 7 April 1976, your commanding officer forwarded your case
recommending an undesirable discharge by reason of unfitness.
On 28 April 1976, you elected to waive the right to have your
case heard by a board of officers. On 10 May 1976, the
separation authority directed an undesirable discharge. You were
so discharged on 11 May 1976.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, overall
record of service, post service medical issues, and contention
that a mental condition interfered with your ability to serve.
Nevertheless, the Board found that these factors were not
sufficient to warrant recharacterization of your discharge given
your record of five NJP’s for serious offenses, and conviction by
SCM. ‘The Board also noted that you waived the right to have your
case heard by a board of officers, your best chance for retention
or a better characterization of service. Concerning your
contention of suffering from a mental condition, there is no
evidence in the récord to support it, and you submitted no such
evidence. 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 PFE
Executive Direc
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