DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 4751-09
26 April 2010
This is in reférence 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 April 2010. The names and votes of the members
of the panel willbe 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 31 May 1979 at age 17. You
served for nearly nine months without disciplinary incident.
However, during the period from 5 February to 17 October 1980,
you received nonjudicial punishment (NUP) on four occasions for
two specifications of disobedience, breaking restriction,
wrongful possession of a misappropriated gas mask, two
specifications of theft of personal property valued at $74.84,
failure to obey a lawful order, and wearing an improper uniform.
You were also convicted twice by summary court-martial (SCM) of
wrongful possession of marijuana and wrongful appropriation of
various items valued at $372.60.
Subsequently, you were processed for an administrative separation
by reason of misconduct due to frequent involvement of a
discreditable nature with military authorities and a pattern of
misconduct. After waiving your procedural rights, the discharge
authority @irected discharge under other than honorable
conditions by reason of misconduct, and on 15 January 1981, you
were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, letter of explanation regarding your discharge, and
desire to upgrade your discharge. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your repetitive misconduct which resulted in four NJPs and two
SCMs. Further, you were given an opportunity to defend yourself,
but waived your procedural right to present your case to an
administrative discharge board. 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 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 Direvttor
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