DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5700
TAL
Docket No: 4631-10
24 January 2011
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 20 January 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 3 March 1977 at age 21. On 26 March 1977, you received
nonjudicial punishment (NIP) for insubordinate conduct toward a
superior noncommissioned officer. On 10 May 1977, you received
WIP for insubordinate conduct in language toward a superior
noncommissioned officer. On 13 May 1977, you were the subject of
an attitude review board (ARB), where it was stated in part that
you were a confused, immature, irresponsible, and uncooperative
recruit. You constantly displayed a thoroughly incompetent and
uncooperative attitude toward both authority and recruit
training. The ARB recommended that you should be immediately
separated from the Marine Corps. The separation authority
approved and directed that you be discharged with a general
characterization. On 17 May 1977 you were S80 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.
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,
W. DEAN PFERI
Frecutive Dir
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