DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 8842-09
4 June 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 2 June 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 polieles.
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 18 September 1980 at age 17. You received nonjudicial
punishment (NJP) on two occasions and were convicted by summary
court-martial (SCM) for disrespect toward a noncommissioned
officer, three instances of unauthorized absence (UA) from your
unit for periods totaling 62 days and failure to go to your
appointed place of duty. After your first NJP, you were
counseled regarding your misconduct and warned that further
offenses could result in administrative separation. On 13 May
1982, you were the subject of a mental health evaluation, in
which it was stated in part, that you had an immature personality
with no psychosis or neurosis. On 27 May 1982, you were notified
of pending administrative discharge processing with an other than
honorable (OTH) discharge due to misconduct (frequent
involvement). After consulting with legal counsel, you elected
to present your case to an administrative discharge board (ADB).
The ADB found that you committed misconduct and recommended that
you be separated with an OTH discharge. On 30 August 1982, the
separation authority agreed with the recommendation of the ADB
and directed your commanding officer to issue you an OTH
discharge by reason of misconduct due to frequent involvement,
and on 10 September 1982, you were SO discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
youth and overall record of service. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge given the seriousness of
your misconduct that resulted in two NJPs, one SCM and periods of
UA that totaled over two months. Concerning your alleged mental
problems, there is no indication in the record that such problems
existed at the time of your service, were so serious as to excuse
you of responsibility for your actions or were sufficiently
mitigating to warrant recharacterization. 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,
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