DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 03156-09
26 February 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 24 February 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 initially enlisted in the Air Force from July 1972 to April
1974, and received an honorable discharge. On 26 April 1976, you
enlisted in the Marine Corps and served without disciplinary
incident until 12 July 1976, when you received nonjudicial
punishment (NJP) for unauthorized absence (UA). Shortly
thereafter, you received the following disciplinary actions: on
23 February 1977, you received NUP for willful disobedience of a
superior commissioned officer, failure to obey a lawful order,
and conduct prejudicial to good order and discipline; on 24 March
1977, you received NUP for breaking restriction and failure to
obey a lawful order; on 16 January 1978, you received NUP for
failure to obey a lawful order and carelessly and recklessly
driving a vehicle; on 2 October 1978, you received NIP two
specifications of UA; and on 9 October 1979, you received NJP for
three specifications of UA and disrespect toward a
noncommissioned officer; on 25 October 1979, you received NJP for
UA; and on 13 December 1979, you were convicted at a special
court-martial for three specifications of UA, and failure to obey
a lawful order. Therefore, you were recommended for separation
with an other than honorable (OTH) discharge due to your pattern
of misconduct. You were advised of your procedural rights, and
waived your right to an administrative discharge board (ADB).
The separation authority approved the recommendation and on 26
March 1980, you were separated with an OTH discharge and an RE-4
reenlistment code.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and the passage of time. Nevertheless, the Board
concluded these factors were not sufficient to warrant changing
the characterization of your discharge due to your misconduct.
Furthermore, the Board found you waived your right to an ADB,
your best opportunity for retention or a better characterization
of service. Finally, there is no provision in the law or
regulations that allows for recharacterization of service 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 réquest.
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,
ROBERT D““ZSALMAN
Acting Executive Director
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