DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 097-10
12 October 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 6 October 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 22 June 1970 at age 19. You received nonjudicial
punishment (NJP) on four occasions from 29 September 1970 through
5 December 1972 for three instances of failure to go to your
appointed place of duty, disorderly conduct in the barracks, and
two instances of disobeying a lawful order. After your fourth
NJP, you were counseled regarding your misconduct and warned that
further offenses could result in administrative separation. On
1 June 1973, you were notified of the recommendation that you be
discharged by reason of unsuitability due to character and
behavior disorder with a general discharge. On 21 June 1973, you
received your fifth NUP for breach of peace and failure to go to
your appointed place of duty. On 2 July 1973, the separation
authority approved the general discharge, but the execution of
the discharge was suspended for a period of one year. On 30 July
1973, you again received NJP for disobeying a lawful order,
breaking restriction, failure to pay your just debts, and
unauthorized absence from your appointed place of duty. On
14 August 1973 the separation authority vacated the suspension,
subsequently; you were separated by reason of unsuitability with
a general discharge. On 21 August 1973 you were so discharged.
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 six NUPs. The Board noted that, although your
yoparation was sugpended for 12 months, it was vacated due to
Moercontinued misconduct. Accordingly, your application has
Been denied: Tie names and votes of the members of the panel
“will be furnished upon request.
ce ait he
e . is vedecttedt 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,
Louk
W. DEAN PF]
Executive D
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