DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON OC 20370-5100
TOR
Docket No: 11679-10
25 August 2011
This is in reference to your application for correction of your
maval 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 23 August 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 5 February 1975 at age 18 and
served for about eight months without disciplinary incident.
However, during the period from 23 October 1975 to 26 November
1976 you received nonjudicial punishment (NJP} on five occasions
for unauthorized possession of an identification card, two
periods of absence from your appointed place of duty, breaking
restriction, and failure to obey a lawful order.
On 22 March and again on 12 April 1977 you received NUP for
failure to go to your appointed piace of duty and two
specifications of breaking restriction. Shortiy thereafter,
on 24 June 1977, you were notified of pending administrative
separation action by reason of misconduct due to frequent .
involvement of a discreditable nature with military authorities.
After waiving your procedural rights to legal counsel and an
administrative discharge board (ADB), 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 as evidenced by
your record of NUPs and formal counselling. On 22 July 1977 the
discharge authority approved this recommendation and directed
your commanding officer to discharge you under other than
honorable conditions by reason of misconduct, and on 22 August
1977, 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 and desire to upgrade your discharge. It also
considered your assertion of being awarded a Good Conduct Medal.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your repeated misconduct which
resulted in seven NOPs. Finally, regulations in effect at the
time of your period of service state that a Marine must serve on
active duty without disciplinary incident for no less than 36
months to be awarded a Good Conduct Medal. In this regard,
the notation on your Certificate of Discharge or Release from
Active Duty (DD Form 214), does not reflect that you “received” a
Good Conduct Medal, but only sets forth the starting date for the
next period for the award. 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,
Wo Rea Gufs
W. DEAN PF
Executive x or
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