DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5160
SJN
Docket No: 08808-09
28 June 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 22 June 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 29 August 1968. The Board found that you received eight
nonjudicial punishments (NJP’s) for assault, Six instances of
absence from your appointed place of duty, six instances of
unauthorized absence totaling six days, making false official
statements, and breaking restriction. Additionally, you were
convicted by two summary courts-martial (SCM) of three instances
of failure to go to your appointed place of duty and
disobedience. Subsequently, you were notified of pending
administrative separation action by reason of misconduct due to
frequent involvement of a discreditable nature with military
authorities. You were advised of your procedural rights, and you
waived your right to an administrative discharge board (ADB).
Your case was forwarded and the separation authority directed
discharge under other than honorable conditions by reason of
misconduct. You were so discharged on 16 February 1972,
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 any change in your
discharge given your eight NUJP’s and convictions by SCM. The
Board also noted that it appears you waived an ADB, your best
chance 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,
RN
W. DEAN PFE
Executive D
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