DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SJN
o Docket No: 11902-08
29 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 27 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 reenlisted in the Marine Corps on 27 January 1978 after two
years of honorable service. On 13 February and 28 August 1979,
you received nonjudicial punishment (NUP) for disrespect, drunk
and disorderly conduct, and four days of unauthorized absence
(UA). On 20 March 1980, you were convicted by special court-
martial (SPCM) of larceny. You were sentenced to confinement at
hard labor, a forfeiture of pay, and a reduction in paygrade. On
-25 June 1980, you received a third NUP for UA.
On 1 July 1980, you were notified of pending administrative
separation action by reason of misconduct due to frequent -
involvement of a discreditable nature with military authorities.
After being advised of your procedural rights, you submitted a
Statement and waived the right to an administrative discharge
board (ADB). The separation authority directed discharge under
other than honorable conditions by reason of misconduct. You
were so discharged on 1 August 1980.
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 any change in your
discharge because of the three NUJP’s and conviction by SPCM for a
serious offense. The Board also noted that you waived an ADB,
your best chance 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 kp 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. wae SY
Executive Dirdc
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