DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 SUN
Docket No: 12184-10
25 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 23 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 Reserve and began a period of
active duty for training on 13 November 1974. During the period
from 27 November to 24 December 1974, you received three
nonjudicial punishments (NUP) for disrespect, two instances of
the use of provoking speech, and larceny. On 12 May 1975, you
were honorably released from initial active duty for training
(IADT) and returned to your reserve unit. The record reflects
that you requested to be released from the Marine Corps Reserve
so that you could join the Regular Marine Corps. However, on
14 August 1975, your request was denied due to your disciplinary
record while on IADT. Additionally, during the period from
May 1977 to January 1978, you accumulated 15 unexcused drill
absences. Subsequently, administrative discharge action was
initiated by reason of misconduct due to your failure to maintain
a satisfactory drilling status. You waived your rights to
consult counsel, submit a statement or have your case heard by an
administrative discharge board (ADB). Your case was forwarded
recommending that you be discharged under other than honorable
(OTH) conditions by reason of misconduct. The discharge
authority concurred and directed an OTH discharge by reason of
misconduct due to your non-participation in the Marine Corps
Reserve. You received an OTH discharge on 13 February 1978.
The Board, in its review of your entire application, carefully
weighed all potentially mitigating factors, such as your youth
and record of service. Nevertheless, the Board found that these
Factors were not sufficient to warrant recharacterization of your
discharge or changing the reason for your discharge given your
three NJP’s during your IADT and failure to drill with your
reserve unit. Finally, the Board noted that you waived the right
to 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,
Ly.
W. DEAN P
Executive Di
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