DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
“SS Par
SION
Docket No: 11495-10
4 August 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 2 August 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 30 November 1978. The Board found that you received five
nonjudicial punishments (MJP’s) for disobedience, three periods
of unauthorized absence totaling 19 days, and absence from your
appointed place of duty. You were also convicted by two summary
courts-martial (SCM's) of two specifications of the use of
disrespectful language, disobedience, a day of unauthorized
absence, incapacitation for the proper performance of duty, and
wrongful possession of marijuana. Although the record in
incomplete, it appears you were notified of pending
administrative separation action by reason of misconduct due to
frequent involvement of a discreditable nature with military
authorities. After being advised of your procedural rights, the
separation authority directed discharge under other than
honorable conditions by reason of misconduct. You were so
discharged on 10 February 1981.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, overall
record of service, character letters, and post service
accomplishments. Nevertheless, the Board found that these
factors were not sufficient to warrant any change in your
discharge given your five NJP’s, and SCM convictions, one of
which involved drugs. The Board also noted that it appears you
waived an ADB, your best chance for retention or a better
characterization of service. 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,
\gour
W. DEAN’ P
Fxecutive reecor
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