DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 00109-10
12 October 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 5 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 30 November 1978. The Board found that you received two
nonjudicial punishments (NUP’s) for unauthorized absence (UA),
disobedience and two instances of failure to go to your appointed
place of duty, and were convicted by three summary courts-martial
(SCM’s) of four periods of UA totaling 40 days, absence from your
appointed place of duty, failure to go to your appointed place of
duty, and disobedience, and were convicted by special court-
martial (SPCM) of failure to go to your appointed place of duty,
and two specifications of 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. After being advised of your
procedural rights, you waived the right to an administrative
discharge board (ADB). The separation authority directed
discharge under other than honorable conditions by reason of
misconduct. You were so discharged on 16 January 1981.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, overall
record of service, and post service accomplishments.
Nevertheless, the Board found that these factors were not
sufficient to warrant any change in your discharge given your two
NJP’s, three SCM’s, and conviction by SPCM. The Board also noted
that you waived an ADB, your best chance for retention or a
better characterization of service. Accordingly, your
application;W8s been denied. The names and votes of the members
‘oft a wi Merrirni shed upon request.
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It is regretted that the circumstances of your case are such that
Pavorable actiom@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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