DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 4701-10
2 March 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 1 March 2011. The names and votes of the members
of the panel will be furnished upon request. 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 on 3 November 1978 at age 27 and
served for about five months without disciplinary incident.
However, during the period from 27 April to 30 November 1979 you
received nonjudicial punishment (NIP) on three occasions and were
convicted by summary court-martial (SCM). Your offenses were two
periods of absence from your appointed place of duty, a 23 day
period of unauthorized absence (UA), and disobedience. You
received three more NJPs during the period from 18 December 1980
to 12 August 1981 for being drunk in camp, absence from your
appointed place of duty, two specifications of disobedience, and
a 24 day period of UA.
Subsequently, you were notified of pending administrative
separation action by reason of misconduct due to frequent
involvement of a discreditable nature with military authorities.
At that time you waived your right to consult with legal counsel
and to present your case to an administrative discharge board
(ADB). On 20 August 1981 your commanding officer recommended
discharge under other than honorable conditions by reason of
misconduct due to frequent involvement of a discreditable nature
with military authorities. On 16 September 1981 the discharge
authority approved this recommendation and directed your
commanding officer to issue you an other than honorable discharge
by reason of misconduct, and on 23 September 1981, you were so
discharged.
The Board, in its revief of your entire record and application,
carefully weighed all potentially mit#gating factors, such as
your youth, post service conduct, and desire to upgrade your
discharge. It also *eonsidered your assertion that your period of
servfee conflicted with your religious beliefs. Nevertheless,
the Board concluded these factors were not sufficient to warrant
recharacterization off your discharge because of the seriousness
of your repetitive misconduct which resulted in six NUPs and a
court-martial conviction. Further, you were given an opportunity
to defend yourself but waived the procedural right to present
your case to an ADB. Accordingly, your application has been
denied.
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 recorde.
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,
Seni R
Executive D tor
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