DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 00239-10
18 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 13 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 5 October 1972. The Board found that you received nine
nonjudicial punishments (NUJP’s) and were convicted by special
court-martial (SPCM). You offenses included two specifications
of unauthorized absence, seven specifications of disobedience,
making a false official statement, missing movement, malingering,
breaking restriction, and destruction of government property.
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 elected to consult counsel and have your case heard before an
administrative discharge board (ADB). On 10 June 1974, the ADB
unanimously recommended separation with an other than honorable
discharge due to unfitness. Your commanding officer concurred
with the ADB’s findings and forwarded his recommendation that you
be discharged. On 17 June 1974, the discharge authority directed
an other than honorable discharge due to unfitness. You were so
discharged on 21 June 1974.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and record
of service. Nevertheless, the Board found that these factors
were not sufficient to warrant any change in your discharge given
your nine NJP’s and conviction by SPCM. Accordingly, your
application has been denied. The names and votes of the members
of the panel will be furnished upon request.
sit 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 deci'sion upon submission of new and material
evidence or other matter not previously considered by the Board.
win 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,
Executive Di
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