DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100 REC
Docket No: 02577-09
11 March 2010
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 10 March 2010. 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 February 1976, at the
age of 18. On 13 September 1976, you received nonjudicial
punishment (NJP) for being in an unauthorized absence (UA) status
for a period of 31 days. On 17 January 1977, you received NIP. |
for being UA for two days. On 1 March 1977, you received NUP for
being absent from your appointed place of duty and UA for 19
days. On 12 July 1977, you received NUJP for three additional
periods of UA and being absent from your appointed place of duty.
On 22 July 1977, you were notified that administrative discharge
procedures were initiated and that you would receive a
reenlistment code of RE-3C upon your separation. On 29 July
1977, the discharge authority directed a general discharge. You
were so discharged on 5 August 1977.
‘The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity. However, the Board found that these
factors were not sufficient to warrant any change in your
character of service, given your record of one four NJP’s for
misconduct. The Board also noted that you were fortunate to
receive a general discharge since a separation under other than
honorable conditions is often directed when an individual is
found to have committed misconduct. 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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