DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100
TAL
Docket No: 9963-09
25 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 23 June 5010. 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 19 August 1977 at age 19. You received nonjudicial
punishment (NJP) on seven occasions for multiple instances of
failure to go to your appointed place of duty, insubordinate
conduct toward a noncommissioned officer, failure to obey a
written order, misbehavior of a sentinel, and unauthorized
absence (UA) from your unit. Based on information currently
contained in your record it appears that you were apprehended and
confined in Riverside, California, county jail and charged with
theft of a vehicle, You were notified of pending administrative
discharge processing with an other than honorable (OTH) discharge
due to misconduct. You waived all of your procedural rights,
sncluding your right to an administrative discharge board (ADB).
On 26 June 1980, you received the OTH discharge for misconduct
(frequent involvement) .
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 recharacterization
of your discharge given the seriousness of your misconduct that
resulted in an adverse civil involvement and seven NJPs. The
Board noted that you waived the right to an ADB, your best chance
for retention or a better characterization of service. Finally,
no discharge is upgraded merely because of the passage of time.
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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