DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 4544-09
13 April 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 13 April 2010. The names and votes of the
members of the panel will be furnished upon request. 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 on 28 July 1978 at age 18 and
served without disciplinary incident until 13 September 1978,
when you received nonjudicial punishment (NOP) for assault and
battery. About eight months latter, on 12 April 1979, you
received NUP for absence from your appointed place of duty,
disobedience, sleeping on post, and straggling.
On 25 January 1980 you were convicted by civil authorities of
attempted grand theft and battery. You were sentenced to a $500
fine and confinement for six months, which was subsequently
suspended and you were placed on probation for three years. On 8
April and again on 1 May 1980, you received NUP for seven periods
of absence from your appointed place of duty, disobedience, and
two periods of unauthorized absence (UA) totalling nine days.
Your record reflects six periods of UA totalling 18 days anda
period of absence from your appointed place of duty for which you
did not receive disciplinary action. It also reflects that you
were counselled on seven occasions regarding deficiencies in your
performance and conduct.
Subsequently, you were administratively processed for separation
by reason of misconduct due to the civil conviction. The
discharge authority directed discharge under other than honorable
conditions by reason of misconduct due to civil conviction, and
on 18 August 1980, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, post service conduct, desire to upgrade your
discharge, and the passage of time. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your misconduct in both the military and civilian communities
which resulted in four NJPs and a civil conviction. Accordingly,
your application has been denied.
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,
\W Seen 5
We DEAN F
Executive D oO
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