DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 TAL
Docket No: 3506-10
23 February 2011
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 16 February 2011. 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 January 1981 at age 20. On 22 May 1981, you received
nonjudicial punishment (NJP) for failure to go to your appointed
place of duty. On 18 June 1982, you received NJP for
unauthorized absence (UA) from your unit for a period of 28 days.
On 30 December 1982, you were convicted by summary court-martial
of UA from your unit for a period of 57 days. Based on the
information currently contained in your record it appears that
you were subsequently processed for separation by reason of
fraudulent entry. In connection with this processing, you would
have acknowledged the separation action and the separation
authority would have approved a recommendation for separation.
The record clearly shows that om ll February 1983, you were
discharged with a general characterization of service by reason
of fraudulent entry.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors; however,
you presented no evidence to show that you are eligible for the
Good Conduct Medal (GCM). The GCM requires a four year period
without disciplinary action. The Board noted that you should
contact Headquarters, United States Marine Corps, Deputy Chief of
Staff for Manpower and Reserve Affairs (M&RA) Department, Code
MMER, 3280 Russell Road, Quantico, Virginia 22134-5103 to request
that administrative corrections be made to your Certificate of
Discharge or Release from Active Duty (DD Form 214) such as, but
not inclusive of, your date of discharge, length of service,
awards, and overseas time. Accordingly, your application has
been denied. The names and votes of the members of the panel
will be furnished uponfrequest .
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,
Executive Di
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