DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION GF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 02999-09
20 January 2010
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 20 January 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 enlisted in the Marine Corps and began a period of active
duty on 17 October 1972, at age 18. On 16 March 1973, you
received nonjudicial punishment (NUP) for failing to obey a
lawful order by being drunk and disorderly, and fighting in the
enlisted club. On 22 June 1973, you received NUP for being
absent from your appointed place of duty. On 11 July 1973, you
received NUP for failing to obey a lawful order, resisting
apprehension, breach of peace, disorderly conduct in uniform and
absence from your appointed place of duty. On 15 October 1973,
you received NJP for absence from your appointed place of duty.
On 23 January 1974, you received NUP for losing your military
identification card. You received an additional NJP for being
absent from your appointed place of duty on 5 February 1974. You
were counseled and warned that further misconduct could resuit in
administrative discharge action. On 22 April 1974, you received
NOP for failing to obey a lawful order.
On 24 April 1974, administrative discharge action was initiated
by reason of misconduct due to unfitness and frequent involvement
of a discreditable nature with military authorities. Your
commanding officer forwarded his recommendation that you be
discharged under other than honorable conditions by reason of
unfitness due to frequent involvement of a discreditable nature
with military authorities. On 10 June 1974, the discharge
authority agreed with your commanding officer’s recommendation
and directed an other than honorable discharge. On 20 June 1974,
you were so discharged. At that time you were assigned an RE-4
reenlistment code.
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 ten NUP’s. Further, you
are advised that there is no provision in the law or Navy
regulations that allow for recharacterization of your discharge
automatically due solely to the passage of time. 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,
\ Wee
W. DEAN P EF
Executive Direbto
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