DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 9612-10
24 May 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 24 May 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You entered active duty in the Marine Corps Reserve on 27
January 1966. You received nonjudicial punishment on three
occasions for unauthorized absence, wrongful appropriation, and
failure to obey a lawful order (two specifications). You were
notified of pending administrative separation processing with
an under other than honorable conditions discharge due to
misconduct. You elected to have your case heard by an
administrative discharge board (ADB), which met and found that
you had committed misconduct, and recommended your separation
with an under other than honorable conditions discharge. The
discharge authority concurred with the ADB’s finding and
recommendation. On 31 August 1971, you were discharged under
other than honorable conditions due to misconduct, and assigned
an RE-4 (not recommended for retention) reenlistment code.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth and
remorse. However, the Board concluded that your discharge
should not be changed due to your numerous acts of misconduct.
You are advised that no discharge is upgraded automatically due
merely to the passage of time or post service good conduct. In
view of the above, 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 efficial
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,
ROBERT D. ZSALMAN
Acting Executive Director
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