DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 11827-08
21 October 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 14 October 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 August 1975 at age 18. On 11 January and 7.June 1977,
you received nonjudicial. punishment (NJP) for a brief period of
unauthorized absence, disrespect, dereliction of duty, and
disobedience. On 17 November 1977, you were convicted by summary
court-martial (SCM) of larceny. During the period from:
8 September 1978 to 20 February 1079, you received three
additional NJP’s for two instances of possessing marijuana, four
instances of absence from your appointed place of duty, two
instances of disobedience, and four specifications of violating
restricted orders.
Based on the information currently contained in your record it
appears administrative discharge action was initiated by reason
of misconduct due to a pattern of misconduct. You waived your
rights to consult counsel, submit a statement or have your case
heard by an administrative discharge board (ADB). Your
commanding officer forwarded his recommendation that you be
discharged under other than honorable conditions by reason of
misconduct. On 30 February 1979 you were so discharged. ,
The Board, in its review of your application, carefully weighed .
all potentially mitigating factors, such as your youth and |
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge given your record of five NJP’s, two of which
were for drug abuse, and conviction by SCM. Finally, the Board
noted that you waived the right to an ADB, your best opportunity
for retention or a better characterization of service.
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,
Loon. QA
W. DEAN PFE
Executive Di
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