DEPARTMENT OF THE NAVY
BOARD. FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX :
WASHINGTON DC 20370-5100
REC
Docket No: 05936-09
28 Aprii 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 27 April 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 applicabie 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 4 period of active
duty on 13 October 1972, at age 18. Between 23 April 1973 and
7 June 1974, you received five nonjudicial punishments (NJP’s)
and one conviction by special court-martial (SPCM). You
committed the following offenses: six instances of being in an
unauthorized absence (UA) status totaling 63 days, and resisting
arrest. ,
On 14 June 1974, administrative separation action was initiated
by reason of misconduct due to frequent involvement of a
discreditable nature. You waived your rights to consult counsel,
submit a statement or have your case heard by an administrative
discharge board (ADB). Your commanding officer forwarded his
recommendation that you be discharged under other than honorable
conditions by reason of misconduct. The discharge authority
Girected an other than honorable discharge by reason of
misconduct. On 4 September 1974, you were 50 discharged. At
that time youn 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, conduct,
and overall record of service. Nevertheless, the Board found
that these factors were not sufficient to warrant changing the
characterization of your discharge, given your record of five
NJP’s and one SPCM for misconduct. In this regard, an RE-4
reenlistment code is required when an individual is discharged
prior to the expiration of his term of active obligated service
for misconduct and is not recommended for retention. The Board
also noted that you waived the right to an ADB, your best
opportunity 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 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. DEAN PF
Executive D ¢
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