DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 07179-10
7 April 2011
This is in reference t
naval record pursuant
States Code, section 1552.
o your application for correction of your
to the provisions of title 10, United
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 6 April 2011. Your allegations of error and
injustice were reviewed in accordance with administrative
ures applicable to the proceedings of this
regulations and proced
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.
injustice.
e Marine Corps and began a period of active
On 24 August 1978, you received
for being in an unauthorized absence
On 26 September 1978, you received
On 23 October 1978, you received
NIP for being UA for six days. On 1 December 1978, you received
NIP for disobeying a lawful order. On 2 March 1979, you were
diagnosed with a severe case of pseudofolliculitis barbae. After
receiving numerous treatments, you were recommended for a
convenience of the government discharge due to your
pseudofolliculitis barbae, a condition not a disability.
However, on 12 April 1979, you received your fifth NUP for
disobeying a lawful order. You were informed that you would
receive an RE-3C (mot eligible For reenlistment) reenlistment
code. The discharge authority directed a general discharge.
were so discharged on 25 May 1979.
You enlisted in th
duty on 26 September 1977.
nonjudicial punishment (NUP)
(UA) status for four days.
NIP for being UA for nine days.
You
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth. However, the Board found that these factors were not
sufficient to warrant any change in your character of service,
given your record of five NOP's for misconduct. The Board also
noted that you were fortunate to receive a general discharge
since a separation under other than honorable conditions is often
directed when an individual is found to have committed
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 injusti¢ee.
Sincerely,
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